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Dvc498avictim (Otherd)     24 August 2014

Wife files 498a,dvc, rcr same day after divorce from husband

Hello Experts,

 

I am from xyz city and she is from abc town 200kms away from my city(matrimonial home). We both are software engineer working in different companies in same city. We got arranged marriage last year feb 2013. After honeymoon (consummated) she started to show her real character by harassing me and my mother mentally and denied conjugal rights (no kids till now). She started demanding to shift the house to rented premises near her working place as she cannot travel to which somehow I managed to convince my mother and shifted to rental premises with my mother and mentally challenged sister (Unmarried).After 2 months she went to her hometown and she filed a false 498a complaint against me and my old age mother near local PS stating all false allegations and I have to come and take her from her hometown and accept all her terms and conditions and sign on bond paper. I got alerted by her and her family cruel plan and shifted back to my home and decided to convince her to come back but she demanded me and my mother to come to her parents’ house and sign on her terms and conditions else she will use police power against me and my mother. I didn’t care of her threat and was filing RCR. But due to my brother (lives separately) interference she joined my company on condition that I have to stay separately leaving my old aged mother and mentally challenged sister. Since I wanted to save my matrimonial life and give her a chance, I took rented premises near my own house(fathers property) and brother's house so that I can take care of my old aged mother and lead my matrimonial life happily at least now. But to my surprise she used to call daily her parents and used to disgrace me and my family members in front of me by using filthy language (Audio Recording Available). Fed up with her I had a quarrel on petty issue and she made a big issue like I am harassing her and she called her brother and she and her brother threw me from the rented house in front of all the neighbours(witness). I didn’t wanted to fight with them as she wanted me to do that only, but my brother wanted to settle the matter amicably and called her parents to come and settle the matter in front of elders, but they didn’t  come up and was wasting our time. To her cruelty I decided to give complaint in local PS but as usual they didn’t accept so sent through RPAD to local SHO, CCing to CP, ACP stating all the incident. After receiving complaint police took action and went to rented premises where her family was staying happily. She went to PS again to counter blast  gave a false complaint against me stating that I am infertile man, etc. After giving complaint she ran away by vacating the rented house and shifted near to her office again by  taking all her and mine belongings(inc.  streedhan) without informing me. After complaint police did counselling and found out her cruel nature and tried to convince her but never listened and her mother and brother were making all scene in PS ( all PS conversation is recorded by me).

After all these incidents I got fed up with her and her cruel family, filed MCD(filing date:26-03-14, Reg. Date:26-03-14) since I cannot continue my matrimonial relationship any more. As usual she counter blasted me with false DVC (fling Date :21-04-14, Reg. Date:21-04-14),498a,323,3-DPA,4-DPA(fling Date :21-04-14, Reg. Date: 29-04-14) against me and other 4 members and RCR(Filing Date:21-04-14, Reg. Date:06-06-14) at her hometown. All are having same false allegations stating that "I have demanded and they gave x gold and yyyyy money and harassing her for additional dowry and she is ready to join the company if i give written statement that not to harass her in future for additional dowry and also I and my four family members went to her hometown on 30-03-14(note: I filed divorce on 26-03-14 so no point of going at her hometown) at her parents’ house and demanded additional dowry and beaten by caught tuff and her parents rescued her(for DVC and 498a)". Her parents came to my home with Police and harassed us in her hometown PS by bribing them. They harassed me like anything to take her back with me and take back divorce case and sign her written statement . Since my wife was not there for counselling they postponed it to some other day where we all got chance to escape. We were absconding from that day. She also sent police to my company to defame me and to remove me from company( Email proof from my manager).

My family members got Bail in 498a and my bail plea was rejected (as usual) and I appealed in HC and got order of surrender and bail same day or next day. I luckily got bail on same day without any terms and conditions escaping the JC. After this i applied for stay petition on my family members in HC and they got stay in both DVC and 498a cases for 6 weeks. 

 

Here are my queries:

1. She filed all the cases on same day (DVC, 498a, RCR) can this be good ground for retaliation as these are filed after me filing divorce?

2. She is staying here in the city with her brother near her office and working but she mentioned that she is presently residing at her hometown. How to prove that she is staying in city and working in company. We tried to send her RPAD but she didn’t took any of those and we got all returned back. I want to transfer all her cases to same city where we both are staying.

3. Chargesheet has not been filed yet. If changesheet not filed at all after how much wait time can i go for quash? If chargesheet filed what are the steps to quash the 498a?

4. DVC is going on I have not yet filed any counter petition yet. Can I also go for quashing of DVC against me in HC?

5. What are effects of her RCR on my divorce petition?

6. Since there is no terms and conditions in bail orders from magistrate, can i go abroad still cases are going on?

7. What is the success ratio of me getting divorce if contested as she will never give divorce to me?

 

Thanks in Advance...!!!



Learning

 8 Replies

yogendra (engineer)     24 August 2014

These are good judgement posted today by member 498A fighter.These are good for you.Read this and quash your case.You seems fit for quash as you are facing only counter cases.


Attached File : 83052235 301374127 bdr130214mcrc-0533113.pdf, 83052235 301374127 g28200213mcrc-0975912.pdf, 83052235 301374127 g34010813mcrc-0214513.pdf downloaded: 748 times

yogendra (engineer)     24 August 2014

File petition using section 91 crpc for her earning proof 


(Guest)

In your Mid para you have stated that on 26.03.14 you have filled MCD, then how come these false cases were filled?

And again at last para you have stated that you have filed divorce on 26.03.14.

First of all let me clear as under which section you have filled divorce?

 

1. She filed all the cases on same day (DVC, 498a, RCR) can this be good ground for retaliation as these are filed after me filing divorce?

 

Opinion: Yes offcourse. If a gun loaded with full bullets and a person vehemently try to vacant the gun these shows either that person is out of control in using such gun or he/she was misusing the gun. The same condition applies on her and on her cases.

One side she files 498a and other side she files RCR which means under sec.9 HMA she is condoning her allegations what she has made in 498a.

The two contradictions in with the third one i.e DVA 2005.

Great. Her lawyer would have earned his yearly income with her false cases only.

 

 

2. She is staying here in the city with her brother near her office and working but she mentioned that she is presently residing at her hometown. How to prove that she is staying in city and working in company. We tried to send her RPAD but she didn’t took any of those and we got all returned back. I want to transfer all her cases to same city where we both are staying.

 

Opinion: RPAD for what? If she has not taken then the person may have noted the reason of non deliverance .

 

 

3. Chargesheet has not been filed yet. If changesheet not filed at all after how much wait time can i go for quash? If chargesheet filed what are the steps to quash the 498a?

 

Opinion: There is no fixed time led U/s 482 crpc. If you are carrying valid and strong evidences against her false cases then you can file quash petition before HC at any time after the lodge of FIR or cognizance of complaint case.

 

4. DVC is going on I have not yet filed any counter petition yet. Can I also go for quashing of DVC against me in HC?

 

Opinion: First file an application for dismissal of such case, if it is not heard and dismissed then go for quash pertaining to strong evidences in hand.

 

 

5. What are effects of her RCR on my divorce petition?

 

Opinion: No effect as that RCR is mere filled on retaliation basis. Her own 498a contradicts with her RCR. Your lawyer need to be smart and his argument should be pin point.

 

6. Since there is no terms and conditions in bail orders from magistrate, can i go abroad still cases are going on?

 

Opinion: Yes you can seek permission from court before moving, If granted then file one petition U/s 205 Crpc and move to abroad.

 

 

7. What is the success ratio of me getting divorce if contested as she will never give divorce to me?

 

Opinion: This can't be judged on mere probability ratio. Each case runs on it's own facts and circumstances. But an average 2-3 years is must.

 

 

ESIS

 

-----------------------

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 

Group:https://groups.google.com/forum/#!forum/498asaviours


Email: everysuffererisasaviour@gmail.com

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Blog:https://everysuffererisasaviour.blogspot.in/

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1 Like

Dvc498avictim (Otherd)     27 August 2014

Thank you Yogendra and EISS for the valuable reply.....

 

1. I have filed PETITION FOR DIVORCE U/S 13 (ia),(ib) OF HINDU MARRIAGE ACT on cruelty grounds.

 

2.  RPAD  Notice for transfer of case(DVC). We got reply stating "NO SUCH PERSON IN GIVEN ADDRESS" and "DOOR LOCKED" (Its a MNC company works 24 hrs do not know how post office people merely said that)

NOTE : She took divorce petition on her office address only duly signed by her on summons.

T. Kalaiselvan, Advocate (Advocate)     30 August 2014

Quashing DV case as well as 498a case is mere waste of time, because high courts are generally not entertaining such applications, instead you can contest them in the trial court itself, attending courts on hearing dates is a botheration to her also. Her RCR case is not going to make any difference since you have filed the divorce case before that itself, so concentrate on it. Since there is no restrictions from court to travel abroad, inform your lawyer about your tour plan and proceed as per your schedule.

fighting back (exec)     30 August 2014

@Kalaiselvan....you have mentioned that Her RCR case is not going to make any difference since you have filed the divorce case before that itself, so concentrate on it.

what difference does it make? wont it be considered as her reply to his divorce petition? 

himanshu bajaj   07 April 2016

What is the effect of wife filing rcr followed by filing of complaint us 498a. Do allegations get condoned in view of rcr having been filed just a few days back? Its a peculiar case where rcr was filed in January complaint us 498a was filed in February and rcr was withdrawn in march after filing of ws by husband without any replication or rebuttal by wife. Any judgment on the issue??

himanshu bajaj   07 April 2016

What is the effect of wife filing rcr followed by filing of complaint us 498a. Do allegations get condoned in view of rcr having been filed just a few days back? Its a peculiar case where rcr was filed in January complaint us 498a was filed in February and rcr was withdrawn in march after filing of ws by husband without any replication or rebuttal by wife. Any judgment on the issue??

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