Upgrad LLM

why does it save husband from 498a if he files rcr?

propra

There are numerous opinions on LCI that .........................if husband files RCR against the estranged wife, he can safeguard from likely 498a cases from wife.

 

 

Also let's firmly assume that husbands don't have any intensions to patch-up but already started  to dig a bunker/tunnel  against 498a stuff. 

 

 

Isn't it a misnomer or misconception ... ....that............ 'if husband files RCR against the estranged wife, he can safeguard from likely 498a cases from wife'.

 

 

What was the rational behind this misnomer?.............................This is my confusion.

 

 

Please advice. Thanks.

 

 

 
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Senior Partner

I think from your various posts you are not getting it right !

 


So let us try to make sense to you one more time. So, here it cometh, choose the best Barbie from below illustration(s) accordingly and that fits into the realms of best answer to all your confusions which you have projected through various angles whose exact matching (read best constution bench precedent) answer is at the bottom of this post!


Illustration (read it as a marriage law proceedings fiction) :


”The Divorced Barbie Doll” 

One day a father on his way home he suddenly remembers that it's his daughter's birthday. He pulls over to a Toy Shop and asks the sales person,
'How much for one of those Barbie's in the display window?' The salesperson answers, 'Which one do you mean, SirWe have: Work Out Barbie for  800/-, Shopping Barbie for  800/-, Beach Barbie for  800/-, Disco Barbie for  800/-, Ballerina Barbie for  800/-, Astronaut Barbie for  800/-, Skater Barbie for  800/-, and Divorced Barbie for  1,20,000/-'


The amazed father asks: 'It's what?! Why is the Divorced Barbie  1,20,000/- and the others only at  800/-?


The annoyed salesperson rolls her eyes, sighs, and answers:
'Sir..., Divorced Barbie comes with: Falaney Ram’s Car, Falaney Ram’s House, Falaney Ram’s ATM Card, Falaney Ram’s Credit Card, Falaney Ram’s Airlines Miles, one of Falaney Ram’s  Friends, and a key chain made with one of Falaney Ram’s kidney’s. 


So unless there is tried and tested sale (read it as probabilities of assumptions) going on in marriage market rounds (read it as discussions) no one will devise a strategy (derivative possibilities) which to be questioned without putting it into actual window shopping practice
J


So try it (means possibilities RCR filing wisdom vis-a-vis while S. 498a IPC pending) once !


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Yes, Jamai of law.  You are absolutely correct.

filing RCR to pre-empt Section 498-A is no way hellpful.

filing RCR to avoid the S.125-cr.p.c. maintenance claim or any other maintenance claim under any other law is not helpful.

filing RCR and getting a favourable decree and after one year filing divorce case on the ground that RCR could not be immplemented is also not helpful.

It is helpful only to those husbands, who physically or mentally perpetrate cruelty against their wives and their wives run away from matrimonial home to the parental home to save their skin.  If such husbands file RCR, the wife will be compelled to say - "I do not go to matrimonial home.  If you force me to go to matrimonial home, I will hang my self here instead of going there and being beaten mercilessly".  In those circumstances, RCR is really helpfull to such errant husband to put a defense that he will not pay maintenance, as she is not coming to matrimonial home.  It is also helpful to such errant husband to get divorce after one year of passing of RCR decree on the ground of its non-implementation.

If wife is strong enough, she should say in the court - " I am ready to go to matrimonial home.  If any bodily injury or mental cruelty is perpetrated, my husband will be responsible".  Let the statement be recorded and we will see how, the husband reacts to RCR.  From next day onwards, he absents himself from the court and get the RCR dismissed. 


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propra

Thanks Mr. Prabhakar

 

And thanks to Taj of India also.

I did like the sarcasm in your story of barbie doll. But please allow me to say that I cudn't frankly grasp the last paras ...anyways....I would read it again and again!! ....as teachers used to advice.......until I am able to get the  link between my doubts and your example of barbie doll.........

 

Thanks again

 
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y

wat about filing divorce to safeguard false 498a?

 
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Originally posted by :Sony
"
wat about filing divorce to safeguard false 498a?
"

You can link civil cases together, you cannot link criminal cases together. Every criminal case seperately deals with act/s of crime mentioned/alleged to be committed in the case. 498A is a criminal case, like any criminal case, the final outcome of this case will depend on the facts, evidences, witnesses etc. of the case.


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Indian husbands should file non bailaible counter criminal cases against a wife who jails her husband. Given the nature of Judicial system in India nothing happens to thse who file false cases in courts. BUT those who file genuine cases are put to great harrassment. India won't change, bribery, curuption, crime are Status symbols.


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Student

Ms.Lana,

Two wrongs cannot make a thing right.  With due respect I do not agree that the litigation (may be on false and frivolous grounds) can be a tool of pressure tactics/one upmanship alike.  Yes I concur with you that there are upteen things which needs correction in the system but why one should allow himself/herself to be tempted to use the weaknesses of the system for his/her own benefits.   A wrong is a wrong whether it is a moral, ethical or relating to system.   The whole thing starts having faith in himself/herself in the society, systems (as we have been taught that the it's the norm of the society which ultimately remains the guiding light for the legal systems).   Last but not least before India changes Indians have to change.

Best Regards

Daksh


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Most of the Indian Constitution[Fundamental duties, Directive Princiles of State Policy etc are morally oriented]. Morality is engrained in religion and not laws which ensure that morality is enforced. The Constitution has been copied from countries with totally different socio economic and ethnic principles than those which obtain in India. The longest constituion in the world has the largest number of amendments because the Constitution itself is dysfunctional and has a soviet orientation which means Adam Smith has been made to kneel before Karl Marx. A Diplomat lies on behalf of his country while a lawyer lies on behalf of his clients which never happened in Saddam Hussein's phony tribunal. USA is very corrupt too.

 
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UNEMPLOYED

Isn't it a misnomer or misconception ... ....that............ 'if husband files RCR against the estranged wife, he can safeguard from likely 498a cases from wife'.

- RIGHT.

-  YOU ARE CONFUSED ABOUT THIS POINT THAT, - TWO TYPES OF WORDS USED THERE

(1) 498A

(2) FALSE 498A

RCR CAN NOT CREATE A BARRIER BEFORE 498A.

BUT RCR CAN CREATE A BARRIER BEFORE FALSE 498A.

THE ALLEGATIONS OF FALSE 498A, GENERALLY BE - THAT THE HUSBAND IS CRUEL THAT'S WHY THE WIFE COMPELS TO STAY AWAY FROM THE HUSBAND, THEREFORE SHE ENTITLED TO GET MAINTENANCE, NOW BY RCR HUSBAND INVITED HER TO JOIN THE MATRIMONIAL HOME. HER COMPLAIN OF FALSE CHARGES OF NEGLIGENCY AND CRUELTY BECOME FADE. TRUTH COMES ON FOREFRONT.

 

HOWEVER A CHARGE OF 498A, WHETHER TRUE OR FALSE TO BE DECIDED BY THE COURT ONLY, NOT BY THE PARTIES ITSELF. THEY CAN CLAIM ONLY. 

 

 


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