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(Guest)

What to do with rcr after 498a fir gets filed

Learned members,


Need your help ...

Marriage 2.5 years old, 1.5 year old kid out of wedlock. 1.5 years of separation(just after born of kid).

I Filed RCR and in written reply girl put some condition and filed 498A complaint along with HMA 24.

Now we accepted girls condition in RCR,still she denied to come back.

Girls side are hell bent on filing FIR for 498A before next date of RCR.

In this case what should be strategy to move ahead. Should i take back RCR or pursue RCR ? I think girl has made up mind to get separated but is not ready to utter D word... Please suggest.


Thank you.



Learning

 8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 December 2011

Let ur wife denied in the court in RCR case and make her statement recorded in the court with her malafide intention against u, the court would consider the matter in ur favour. Besides that claim the child visitation rights for u and ur family members, it would also go in ur favour n would make ur case a solid one. 

2 Like

(Guest)

Thank you Rakhiji.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Phew,

 

Every such case makes my belief firmer that RCR is futile. I saw almost on a daily basis people who have filed RCR and have got 498-a in return.

 

Now, you can withdraw the RCR.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

dr.pawan rajyan (member and secretory)     28 December 2011

if you accepted the conditions in rcr still she refused (if  they are recorded IN COURT) and going for 498a,WITHDRAW RCR AND GO FOR DIVORCE NOW.actually game has started to pressurise .....!!! now do not bow ,stood firm @ say to everyone you need  ONLY  divorce and see in next 6 m0nths  they either fall to your leg or ready for divorce. I AM AGREE WITH SHOONE KAPOOR.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     28 December 2011

It will be good if you proceed with the RCR and if your wife denies in the court to come back even after you have accepted her conditions then, it will draw an adverse inference against her and would help you in the other case also.

2 Like

(Guest)

Thank you Archanaji.

Kuntal0000 (xyz)     13 December 2013

2 queries:

1) rcr in ; wife comes back/\...but 498a is pending

2) file divorce : wife accepts div ...but u fight 498a for 7-8 yrs while she enjoys her life

my case:

sec 9 filed...wife files 498a...my bail pending 

so wat to do ..pl advice

LegalExpert (Lawyer)     14 December 2013

Author If she has made up her mind for seperation, dont bow down to her demands. Better put some conditions in RCR, which she is not going to accept, and get the RCR decree in your favor.


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