498a
Rakesh gupta
(Querist) 04 July 2016
This query is : Resolved
I am living seperatly from my wife since 2014 she filed RCR & CRPC 125 Maint in 2015 and then now in 2016 498A,323,506,Section34 Drowy prob act.
1) Does 498A case stands after RCR ?
2) Does the maint amount varies if i say know to RCR (we yet to file Objections on RCR)
3)Shall i object RCR stating she has filed 498A on me or what is the best way to proceed
Sudhir Kumar, Advocate
(Expert) 05 July 2016
2) Does the maint amount varies if i say know to RCR (we yet to file Objections on RCR)
Maintenance will depend upon your paying capacity.
Sudhir Kumar, Advocate
(Expert) 05 July 2016
3)Shall i object RCR stating she has filed 498A on me or what is the best way to proceed
No such ground exists. She has a right of force entry into your house even if she has filed 498a and live there till there is a divorce.
Sudhir Kumar, Advocate
(Expert) 05 July 2016
Normally RCR is filed if wife goes away and husband is keen to ensure that she should file 498a on him.
In your case she has filed this case. It appears that she has been thrown out. Please correct me if my impression is wrong (appearing from facts given by you.
You may better come with full facts.
Devajyoti Barman
(Expert) 05 July 2016
RCR has no nexus with the 498A case or the maintenance case.
The outcome of RCR has also no such impact at least on maintenance case.
Since 498A is filed I do not find it prudent for you to proceed with the RCR anymore.
Guest
(Expert) 05 July 2016
Well advised by Shri Devajyoti Barman.
Sudhir Kumar, Advocate
(Expert) 05 July 2016
It is not he who is proceeding with RCR. It is his wife who is filing this case.
M V Gupta
(Expert) 05 July 2016
In my view the 498A case after filling of RCR application appears to be incongruant and may not stand scrutiny of the court. If there is really a domestic violence against the woman, she ought to have filed application for judicial separation and maintenance, not RCR application.The husband should agree for the RCR subject to the woman withdrawing the 498A case and also contest her application for maintenance.
Guest
(Expert) 06 July 2016
RCR after filing case u/s 498a can be a well thought of conspiracy on the part of the wife to fabricate evidence, if not already having sufficient proof of domestic violence.
M V Gupta
(Expert) 06 July 2016
Dhingraji. RCR is filed in 2015 and 498A case is filed subsequently in 2016. Hence my above observation.
Guest
(Expert) 06 July 2016
Gupta ji,
I have not tried to scuttle down your opinion, rather given my opinion.
Second thing is, if wife filed RCR and 125 case, was she sleeping for one year after which she thought of filing 498A, 323, 506, Section 34 Drowy probn act? RCR is likely to help her to fabricate evidence to prove her filed case of 2016. So, in my opinion, to agree for RCR in that case may prove to be quite dangerous for the querist.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
M V Gupta
(Expert) 06 July 2016
Thanks. It all depends on the pleadings contained in the RCR appln.
Rakesh gupta
(Querist) 06 July 2016
Thanks all for advices
Now In court if she will say she went to live with me, I am worrying she may file dv once I rejoin if I don't listen to her and leave like a slave in home
Pls clarify how can I proceed
Rakesh gupta
(Querist) 06 July 2016
One more query her salary is 30k and mine is 60k my parents are dependents on me and I don't have any assets apart from job
So this case how much she can get maintain amount , we have daughter of aged about 3 years , both were living in Bangalore
Dr J C Vashista
(Expert) 10 July 2016
Prima facie the query is hypothetical since the case of RCR & u/s 125 CrPC are on different footings which cannot stand with case u/s 498A/323/506 IPC and 3 & 4 DP Act.
The complainant cannot make such a blunder, if done, it shall be fatal.
She will not get any maintenance if you are able to prove she is earning Rs. 30,000/-pm.
What is the opinion and advise of your counsel? Have you lost faith in your lawyer?
If so, change him immediately;
otherwise, proceed as advised without seeking second opinion despite the fact it is available"FREE OF COST", it may spoil your case.
Rakesh gupta
(Querist) 11 July 2016
Thanks Vashista,
How much might my daughter entitled to get as maintenance?
She is 2 and 1/2 years old and staying in Bangalore with my wife.
Sudhir Kumar, Advocate
(Expert) 11 July 2016
a prudent man should not wait for court order to pay maintenance of his child.
Guest
(Expert) 11 July 2016
Pay as much as you can before court fixes the maintenance amount or wait for the order of the court, provided your case is real one, if not an academic query.
By the way, how much your own lawyer has advised you to pay for your child?
