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RCR v/s 498a. Its necessary that man should file RCR before her 498a

Hi Frnds I am Jack S… Here is something tragic abt me. I got married in 11-Apr-2010…….. and on 25-Oct-2010 she went to her parents home for maternity…... and I got a baby on 24-Dec-2010…….

When she went to her parents home started to share some SAAS-BAHU wala scenes to her mother…….then cold war began……… and on 16th Feb-2011 we had a final hot war…….. and since then I cant even see my daughter ……… now she is 9months old but since last 7months I am desperately dying to see her……..

But my wife has a put a condition that either leave your parents or me…..  but I don’t wanna leave my parents that is the scene bcoz they are non earning people and suffering from critical illness so they need me.

So I sent her a normal legal notice that Please come within a week time otherwise I will take legal action….. and everything screwed up……….. she sent me a legal notice with having 14 false allegations…………..

Now she & my in-laws are dying to screw my life………. They don’t even wants to send her back but by putting 498A against me they want to spoil my life and career………. For that thing they appointed extrmly reputed and most famous no. 1 (Mahenga) lawyer of their place who is badly known for false practices………

So my questions are as follows:

1)      Should I file RCR? Before she files 498A against me? Is it makes any difference if I let them file 498A against me then I will be filing RCR? (Bcoz my ethics are not allowing me to take first step)

2)      If this case concludes in divorce then I have 4 dependents on me (younger bro., sis, mother, father) then out of my25000 salary approximately how much will be given to her for maintenance where I am paying20000 as Home Loan EMI. Then what will be my monthly income consideration either 25000 or 5000?

3)      She is staying at bhusawal and I am at Mumbai (8 Hr Distance) If she files a case in her place then its not convenient for me to attend all the dates. Can I transfer the case to my nearest place?

4)      Then what if I keep stretching the case by saying “Ok I am ready to accept her” then how long I can stretch this? Any suggestions? Or what else I can do to be safe?


 18 Replies


1. Yes, Please file RCR it is going to help you.

2. Maintenance in your case will not be much - but there is no set formula. you will have to work hard with facts to minimize it.


3. Transferring the case may not be possible - you may get a hard working but yet to have "arrived" lawyer  -  you should not get intimated by status of her lawyers -- I, in my case, have drafted my own case,  and kept it to the point which are truthful and which I can prove. I let other party put wrong accusations. After one year, in which they filled couple of petitions, they have included  5-7 wrong allegations, I am on there chest , ready to prove that how there allegations are false with hard evidences. Not sure my spouse is even getting good night sleep after seeing those evidencs.



Thanks Mr. Onlytruth...........

but as you said "you will have to work hard with facts to minimize it." how? can u pls give some examples?

How I ll be benefited if i file RCR b4 her 498a? where I dont like to go for legal action.



You will have to show that


1. Your liability can not be  done away - it is for basic necessity.

2. Your wife is well qualified,  physically capable, and can earn. If she was working at some time get proof.

3. She has deserted you without any reasonable casue,  and you  are ready to take her back.


If you file RCR before 498a, you have upperhand saying that 498a is a couterlast  credibily

Ravinder Kumar (Account Director)     24 August 2011

Mr. Jack: If you need good suggestions than come with clean hands..similary go with facts/clean hands to court or you will be badly screwed..

No bank will give any loan of Rs 20,000 EMI to anybody in world with salary of Rs. 25,000.0

1 Like

Parth Chandra (none)     25 August 2011



1) There is no law that man has to file RCR to proove that she is willing to take wife back and wife in fact has deserted him.


2) If wife has separated for a long time without any cases filed by her then simple a registered AD letter's proof requesting wife to come back during this period would suffice to show the intentions.


3) If wife had immediately filed the cases after leaving husband ...... then reply to each and every case should suggest that he is willing to keep her..........NO LAW CAN EXPECT A HUSBAND WHO MIGHT BE LIVING IN DIFFERENT CITY FROM THE CITY WHERE CASES HAVE BEEN FILED TO INCREASE THE BURDEN OF CASES BY FILING ONE MORE CASE WHICH IS USELESS AND AT THE END DOESN'T GIVE ANYTHING TO HUSBAND EXCEPT POSSIBLE SEC 24 (INTER MAINT.).


Instead, you should point out to the court that she hasn't made any effort for reconcile and its her duty as well to protect the matrimony.


Thank you very much Mr. Ravindra Kumar, I am 100% agree with you, and trust me I have done only an offence of not getting ready to leave my old parents……. As they don’t get any pension and fully depend on me. But my wife is demanding me to get separated from parents and I am not agreeing so she is taking the revenge in such a way.

That flat is owned by myself and my brother who is getting 25k salary……. Means I am the main applicant and my younger brother is co-applicant and nominee is my mother. But for that flat I am the person who is paying that EMI of Rs. 20000.

So my question was after paying 20000 as EMI only 5000 left for me for living. So near about how much monthly maintenance will there?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

Don't file RCR. It has no benefits if 498-a is filed.




Shonee Kapoor

3 Like

Female Activist (housewife)     25 August 2011

jack dear, y file rcr when u don't want to live with her, u want to escape 498a. thank ur stars that ur wife has not met me.

Ravinder Kumar (Account Director)     25 August 2011

Since both you and your brothers are co-owners the laibility is also considered equally distributed even if you pay the complete EMI. BTW you mentioned in your query that you have a dependent younger brother so I am considering this brother elder to you. So your claim as caretaker to your bro, sis and parents also will nt be taken, as it is by the court since there is one more earning member in your family


No one except your judge can tell you the quantum of maintenance. One more thing, you will get the benifit of EMI if you took the loan before your wife left you (as happened in my case) but if it is after she left or after you started legal proceeding than chances are very less. The reason is simple that law says that wife will get same standard of living which she used to get when staying with husband.

As suggested by Shonee, do not file RCR and do not fear (which it seems you are)...Best of Luck

Found the Happiness (Enjoying)     26 August 2011

Who is this female activist??? and what she wanna proove???........ Ok Ok Ok.....Its she is trying to take the favor of womens always .. whether she is right or wrong!!!... Ok understand! ... As a female activist she always should take the side of females..... but what abt that old women whose son is sufferering from this.......... just to give the punishment to "SAAS" these "BAHU's" are doing pathetic drama .........becoz these girls wants freedom....bcoz in front of the saas these girls cant call their friedns for a party.... can't come latenight....etc, ect......So they just dont wanna see their mother-in-law......Hell with this "bahu's"...... I respect women as a God.... I respect sisters.... I respect mother...... I respect all the womens of the nation but I cant respect that wife who just for her selfishness wants to pull away to the son from his dearest mother...


1 Like

My humble request to the forum admin to ban “Female Activist “from commenting on posts. She/he or god knows what - seems to get a high by tormenting people with her/his immature and cruel comments. Go get a life "Female Activist". This is a forum for real members with real problems and solutions, not for sicko’s like you.
1 Like

Found the Happiness (Enjoying)     30 August 2011

100% agree with you SB

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 August 2011



I think we should let people speak. Be it female activist or anyone else. If we don't like the views, just ignore.




Shonee Kapoor

1 Like (def)     31 August 2011

This is a forum where most of the members visit (be it male or female) to get legal solutions to their problems....& tehy are happy if the fellows concentrate on the points raised in the query.

But some members are die hard to hizack the discussion & start throwing dirt on the others under the name of blind faminism..... shame upon them!

It will be better if main topic gets legal+related openions only

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