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Bansrht (Admin)     11 November 2014

Rcr filed after 125crpc and 498a

Hi, 

my wife has filed false 498 & 125 crpc in 2012, since she did not appear in family court maintenance case was dismissed, 498 is still pending for evidence form past 8 months. Now she has filed rcr, please suggest what are the options available.



Learning

 5 Replies


(Guest)

On the one had she files a 498a stating that you tortured her for dowry etc and on the other hand she files a RCR asking you to cohabit with her?


You according to her on the one hand is the VILLAIN, the rapist, almost equal to hitler and she on the other hand is the SATI SAAVITRI, no matter how hard you are on her, she still loves you, covers her head with the pallu, and always stand with her head down telling SWAMI whats are your orders?


Options available are:

1.  File for divorce.

2.  After the 498a case is over, file perjury, depending on how much she has lied under oath.

3.  Reply to 125 crpc, show to court her income and you need not pay  her maintenance.

2 Like

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

The dismissal of maintenance case is an evidence that she is not very serious about the matrimonial relationship with you.  If you are ready to take her back into your fold, you may ask her to withdraw her criminal case and also the RCR and  once agreed unconditionally, take her back or else, challenge all her moves against you appropriately.

1 Like

Bansrht (Admin)     07 December 2014

Thanks for the reply, I have decided not to take her back and fight the case. Could you please refer me to objections filed for an RCR, this reference will be for my guidance.

N R Dash.. (Advocate)     13 December 2014

Collect all evidences & file a divorce petition on the ground of cruelty. However, if re-evaluate your chances of taking her back for consummation of marriage then you can follow the advise of advocate T. Kalaiselvan.

 

Alternatively you should be fighting to prolong the case & follow the steps as advised by Helping Hand.

T. Kalaiselvan, Advocate (Advocate)     14 December 2014

The grounds for opposing RCR are the background facts of the case as well as your past experience and matrimonial history.  You are a better judge, you give all the details without suppressing the facts that may be material to your advocate who will be able to proceed and challenge her allegations in RCR. Since you have categorically stated that you are not interested in taking her back, you may file a divorce case on the grounds of cruelty and desertion in the same court and concentrate on it accordingly. Let her 498a case move in a snail's pace, it is her botheration because it was she who have legal help seeking relief that way through the said false case.


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