498a and dvc cases on husband . how to get divorce? or rcr is better?
false_case_victim
(Querist) 08 April 2012
This query is : Resolved
There are 498a and DVC cases on the husband. The two cases are based on the illegal affairs of the husband and wife is having the video proofs and emails as evidences. With this evidences she created some other false stories and filed the cases on the husband. Request your valuable points on How to defend this kind of cases in Criminal and DVC courts? Husband tried for settlement fewer times but the wife is not interested to compromise. Can Husband try for a divorce as the desertion is more than a year now or RCR is better? please suggest how can this be settled?
V R SHROFF
(Expert) 08 April 2012
Directly apply for Divorce, as wife filed 498 dv , and trapped him with video, black mailing him ,
No use RCR
Nadeem Qureshi
(Expert) 08 April 2012
Dear Hrithik
if husband wants to live with her, RCR is better and if he is not ready to live with her file a divorce petition.
feel free to call
Advocate M.Bhadra
(Expert) 08 April 2012
In the instant case if the husband want to live further with his wife then he can file a suit for RCR and it is also best defend in against the case of 498a IPC.On the other hand he does not like to live further then he can file a suit for Divorce,but it is better to file divorce suit after two years for desertion and cruelty ground.
Raj Kumar Makkad
(Expert) 08 April 2012
Husband cannot take benefit of his own faults/mistakes. If the wife is having true documentary proof of extra-marital relations of her husband then what is wrong with her if she is not compromising. An Indian wife cannot tolerate her husband having such relations in her eyes. It shall be better to mend your own ways and convince her not to repeat such incidents in future. Divorce petition on the basis of desertion on your part is meaningless in the given facts.
Adv.R.P.Chugh
(Expert) 08 April 2012
Dear Querist,
The Desertion required for divorce is 2 years, you can try moving in for divorce on the grounds of cruelty. But if the wife succeeds in proving the affair/infidelity on part of Husband, his petition may be dismissed on ground of taking advantage of his own wrong.
Consult a local lawyer with proper proofs.
ajay sethi
(Expert) 08 April 2012
you are caught redhanded . your wife wants her pound of flesh . she is not willing to compromise . even if you file for divorce she may contest
your best bet is divorce by mutual consent on her terms .
Shonee Kapoor
(Expert) 09 April 2012
RCR is a waste of the case.
Also the divorce may not be successful in your case, as your wife is having strong evidence against you.
Fight back 498a and DV on merits and prove them wrong,
Then only you can succeed in getting divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 09 April 2012
You can join http://forum.498a.org/ and Local SIFF chapter.
Also, if you need some guidance in false 498a and DV, you may please contact the undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
false_case_victim
(Querist) 11 April 2012
Except illegal affair(s) of the husband the other paragraphs falsely alleged can be easily concocted. The only worry is the voices of the husband in the videos the wife is having now.
Shonee Kapoor
(Expert) 11 April 2012
Even one proof is enough for her to get divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
false_case_victim
(Querist) 12 April 2012
Shonee,
"Even one proof is enough for her to get divorce.
" But What will be your comment/opinion with respect to 498a case (if wife can prove that his husband has illegal affairs or his husband's character is bad)?
prabhakar singh
(Expert) 14 April 2012
अगर बुरा न माना त कहीं के ४९८अ से लव अफ्फैर से कौवानो रिश्ता न बाटे
