Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ashok (Software engg)     30 December 2013

What is my loss on divorce?when 498a,dv case their

Hi Team,

My wife filled  False 498A , DV case in Chandrapur and i filed RCR in Bangalore.

Now Me & My family dont want her to be back & we r ready to pay alimony  till 5 lacs

What if i withdraw RCR and Filed Divorce?

Please let me know team what will be my loss ? What rights she is having if i filled Divorce case?

What problem i have to face ?

 

Thanks,

Ashok



Learning

 9 Replies

Arvind Sehdev (Advocate)     30 December 2013

1. Don't withdraw RCR, cause it will be a wrong step. Judge won't see it in good light.


2. Say that you are ready to pay one time alimony till 3 lacs.. Then after a long negotiation bump upto 5 lacs... First rule of negotiation "never open all your cards"..


3. File for a mutual divorce and in which give her a one time settlement of rs. 5lacs (after negotiation)


4. If she is not ready to file for a Divorce then wait for some time and then file a Domestic Violence case (from your mother's side in Bangalore)...

5. File a complaint in the police stating that she has been blackmailing you for money.. And has files frivolous law suits to extract money out of out...

6. And if she is the one who left you... There is a SC verdict that wife who leaves her husband on her will and wish is not entitled to any maintainence...


Go for a good lawyer... Spend some money and get yourself out of this which you have a chance...

ashoksrivastava (scientist)     30 December 2013

Originally posted by : Ashok

Hi Team,

My wife filled  False 498A , DV case in Chandrapur and i filed RCR in Bangalore.

Now Me & My family dont want her to be back & we r ready to pay alimony  till 5 lacs

What if i withdraw RCR and Filed Divorce?

Please let me know team what will be my loss ? What rights she is having if i filled Divorce case?

What problem i have to face ?

 

Thanks,

Ashok

 @Ashok have you obtained AB?

Ashok (Software engg)     30 December 2013

Yes we are on AB in 498A case. for DV case she filled on Oct but no summons yet and third date will come in Jan 2014.

so what to do i dont know?  can they will get xparty or arrest warrent for me without i m getting summons?

 

 

Thanks,

Ashok

Ashok (Software engg)     30 December 2013

Please let me know solution..

ashoksrivastava (scientist)     30 December 2013

Originally posted by : Ashok


Yes we are on AB in 498A case. for DV case she filled on Oct but no summons yet and third date will come in Jan 2014.

so what to do i dont know?  can they will get xparty or arrest warrent for me without i m getting summons?Thanks,

Ashok

@ASHOK being on AB means you have won half the battle. In DV there is no arrest.If you are sure that you don't want her back you may withdraw RCR now and file for divorce. After one or two years  try to convince her for MCD on mutually acceptable terms.

regards ASHOK

 

 

 

Ashok (Software engg)     30 December 2013

but everyone saying..if i withdraw RCR judge will interpreat wrong about me..like i have done mistake..but i have not done anything wrong..

so in this matter..is it ok to withdraw?

 

Thanks.

Ashok

Aneesh Trivedi (Advocate)     30 December 2013

check your pm and act accordingly

fighting back (exec)     30 December 2013

@ashok........you have all the right in the world to refuse to live with her. no court can force you to live with her. but now that you have filed RCR and then you will withdraw and file for divorce. will lead to a suspicion point. because now you will be making allegations in your divorce case, which were absent in your RCR case( i presume) so your case becomes a bit weak

but you have all the right to withdraw the RCR. after she 498 and DV, what on earth made you file RCR? it only creates a picture that you still love your lovely wife inspite of she attacking you with 498 and dv

if you have done it to save maintainence. then she can easily ask for it in other sections of the law...

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

As adviced by some people, it is better you withdraw the RCR case and file a divorce case against her quoting the 498a case as one of the cruel acts done by her to you and your family members.  That will be the relief for you to overcome all her allegations against you.


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