R. K. Singh (Business) 09 June 2018

Effect of rcr withdrawn by wife

Dear Esteemed Members

I seek your kind guidance on the following interesting situation:-

The wife filed cases like 498A, DV, CrPC 125 and after 2 months also filed HMA Sec 9 Restitution of Conjugal Rights (RCR).

All the cases are proceeding. In RCR, her maintenance application was dismissed and subsequently she tendered her evidence. However thereafter she withdrew her RCR petition. But she is prosecuting all the other cases of 498A, DV, CrPC 125 etc. Funny part is that on record she still says that she wants to live with her husband.

What prospects the above situation offers for husband as he wants divorce (not yet filed).

Thanks

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 10 June 2018

Please share all her petition at mail I'd Deepakworkjoshi@gmail.com after reading all the petition I will advise accordingly.

Aman chawla (DELHI HIGH COURT ADVOCATE) 10 June 2018

Filing Divorce is your right, you can exercise that right any time.

Yes, can file Divorce on the ground of cruelty and you can also state that your wife's mental stability is not good as she has not been able to decide whether she wants to live with her husband or not.

But when you file Divorce your wife may file Section 24 and then you again have to pay litigation expenses as well as maintenance.

Thanks,

Regards,

Aman Chawla

2 Like

R. K. Singh (Business) 23 September 2018

Sirs, thanks for your replies. Is it not misuse of process of court and abuse of law? Lakhs and crores of cases are pending in courts and one person files a case and drags it and wastes the time of court and also harasses the respondents and apparently tries to trick the court in passing an order in her favour (maintenance and other orders) and when that does not happen and she does not have evidence .. she withdraw the case... due to fear of losing. Is it not a criminal offence? Such practices should be dealt with with strong hands. Any provision in law for that?