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Rcr and 498a (wife wants to come back)

Dear learned members,


Husband filed RCR , Wife filed 498A and still wants to come back on her own condition which can be agreeable...

God forbind however What would happen when RCR she says she will come back and join me and 498A is still hanging ..

Can we somewhere state in RCR that only after 498A fate we will take wife back ??

Please suggest..



 24 Replies

Tajobsindia (Senior Partner )     24 January 2012

@ Author

This is my observation to similar 'nature' of queries when asked and when ever may come back haunting the Family law forum seeking The Right Answer.

By: A
Familydev Baba

See, when you and your side of your own family can digest this saying which is well reasoned based on Indian Family Laws and applies well to Indian couples when they are pitted against each other in Court(s).

4 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 January 2012

It is a misconception among some of the learned members of the profession and laymen alike that filing a petition for RCR would help you get away from 498a - as that would create an impression in the mind of the court that Husband is sincere about the marriage and can be therefore protected from 498A.  This is misplaced on the contrary - filing a S.9 means u want to keep her - and it is beyond the imagination of anybody as to why would one want to keep a wife who has implicated a person and family in a false criminal case. 

Here its best to withdraw S.9 on the ground of case against you. Filing a 498a is cruelty enough. Go for 13(1)ib HMA - unless you really want to keep her

3 Like


Hi Bharat,

Can plain 498a on face of it (without trial/acquittal) be base for divorce on cruelty ground ? I read else where that unless you are acquitted , this ground is not made out.

Please suggest.



rajiv_lodha (zz)     24 January 2012

@ Never give up

This is no cruelty, u got is right;(

Sanjeev (Lawyer)     24 January 2012

see if she wants to be back and if you have analysed the pros and cons of the situation and feel that she can be taken back than you can make her agree that she should help in quahing 498a in high court. once the case is quashed you can take her back. See ultimately its your decision as you would know the relations between you better.

**Vikram** (Managing Partner)     24 January 2012

I competely agree with Mr. Chugh.


You have to withdraw S.9 and file for divorce under the above said section on cruelty grounds.


What happens is, all these cases, 498A or whatever, they never go till the end. There is always a compromise/settlement and the story ends. They wife always asks for money for settlement. This money will depend on how you take up the matter. If you fight back, the other party sees that you are giving a good fight and she will be in trouble after the case starts - she will ask for some reasonable amount, but if your show your fear, the other party will ask for the moon.


She will try to hang on till she finds another "murga"...


So, hire a good lawyer and file divorce. Fight your divorce well. So when she sees that you are winnning the divorce case..she might come for a compromise..


Also, file divorce, stating that whatever she had complained in the 498A is all false. Counter every point in the complaint...So when se replies...and file an affidavit...she will again lie in her replies....then is your turn..file CrPC 340 (Perjury)..this is how you are converting a civil case into a criminal case...


In 498A, you cannot file CrPC 340 unless she come to the court for evidence, and her evidence will happen after two years and only after her evidence you can file Perjury...remember charge sheet is not evidence....so this is your chance...to show her, that filing false cases..does  not work...


I have given you a strategy  - which will help you arrive at a solution...being her down to your feet..





3 Like

Rahul T (Engineer)     25 January 2012


 YOU ARE 100% CORRECT.I compleetly agree with you......... 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 January 2012

Dear Querist/Never give Up

if you are ready to live with her then file an application before the court for mediation & settle the matter before mediation judge and live with dignity & with your wife.

Feel free to call

dr.pawan rajyan (member and secretory)     31 January 2012

mr.chugh and vikram are rightly explained

Chaitanya_Lawyer_Mumbai (Lawyer)     31 January 2012

Agree with mr.chugh, that filling RCR to save from 498a is a misconception in lot of people.

Civil & criminal cases are entirely different & if one does not wants to live with the wife,he should not file RCR.

Attempts should be made for Mutual consent divorce,then one should file for divorce & face 498a case, whenever filled, on its merit.

Pavitra Prabhakar (MBA)     06 February 2012

I do facing such situation , First separation , RCR , followed by 498a.

Now she wants to come back .

I know she is habitual trouble maker and very knave , she has used all her amminition now nothing to vommit.

our side is strong in 498a ( told by renowned lawyers ) and by the grace of god we will prove ourselv innocent.

Please tell me whether my stand is correct or needs some improvement.


kaliya (serviceman)     06 May 2012

Dear The Victim,

Plzz do not take back ur Wife, becuse its better to live alone than with a 498a wife.

Secondly the conviction rate for first time 498a is 2% but that for 2nd time 498a is 97%.

If she pressures you to take her back, tell her that you will take her back but she  and her family has to confess in television and print media that they have done a false case on you and then have to quash the false case in HC, and have to give you a handsome money of 5-8 lakhs as compensation.

After u say this to them I think she will not willing to come.

Don't ever take this bl**dy false 498a woman back, as they are more poisonous than snakes!!!!!


Needs Advice (Data Entry Optr)     06 May 2012

We husbands with our hard earned money wants to run family peacefully by listening every bad and good words of our wives keep hiding the evil of our wives so that we can be live with respect in society after marriage with our parents.

Magar hamare patniyaan kya pasand kartein wo to koi nahi jaan sakta.

Very bitter taste most of the wives have now-a days with spicey 498a tadka for we husbands.

Mr. Never Give Up Plz for god's sake Give Up She is proofing you criminal and u r still in hope from her side.

Jo bachpan main nahi sudhri wo kay aab sudhar jayege jara socoho Give UP SIR JI. (Teenage main Jo sikha wo muskil se mature hone ke baad jaata hai). PAKKE GHADE PAR KACHHE MITTIN NAHI CHAD JATI HAI WO TO BUS SUKHNE KE BAAD JHAR JAYEGE. She is totally mature and know very well what is right and aapko murge se jayade kuch nahi bana rahi hai. 

Google Personality Disorders of Women like "ABUSIVE DISORDER or BORDER LINE DISORDER".

Vishwa (translator)     06 May 2012

Dear DAwoo,

Thank you for throwing a psychological light on such mentally sick 498-a females exploting our washed out legal procedures.

The appropriate term, after revised diagnostic guidelines of American bodies is Borderline Personality Disorder of BPD.

Even a cursory reading on BPD will showclearly that many of the females whose behaviour often comes up in this forum discussions suffer from this mental disorder. Unfortunately there is treatment because such females will never admit that they are in need for treatment, filing and fighting cases based only on their fantasies is far more acceptable to them.

I wonder if there is psychiatrists online forum some place !


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