Dv v/s rcr
Anu
(Querist) 13 February 2013
This query is : Resolved
Hi Experts,
I had posted a query asking for guidance on dowry harassment.
http://www.lawyersclubindia.com/experts/Dowry-case-filing-340486.asp
My husband now has filed DV on cruelty basis in his place.as soon as i got to know about this i filed RCR in my place. Now he is not taking notice of RCR case. n DV is in mediation stage. we are appearing for mediation in court his place. As I m working in other state n each time i need to travel a lot for these mediations, I m planning to take transfer to my place.
1. Please suggest what if dont appear for the mediation as m trying for transfer.
2. He filed DV just to escape from dowry harassment case, can i file dowry case now ?
3. If he is not appearing for RCR , can i get a court order to close DV ?
Kindly advice.
ajay sethi
(Expert) 13 February 2013
RCR would be advisable if you want to rejoin your husband .
appear for mediation and try to resolve the issue .
you will end up otherwise only paying lawyer fees
if there has been no dwry harassmet dont file for 498A
DV and RCR are separtae cases . merely because your husband is not appearing in RCR is no ground for closing DV .
how can husband file DV against wife?
Anu
(Querist) 13 February 2013
Thanks for the reply.
It was a dowry harassment. my in-laws were always trying to separate me n my husband and demand my dad for property and my salary.
Just that we went to women cell for protection, they immediately filed divorce and absconded. as I want to live with my husband, I tried my best not to file any case on him. but then i received notice. in-spite of many conciliation efforts they r not coming for any discussion. My husband has filed divorce stating false allegations on me. This seems to be a pre-planned divorce. as my working they dont have to loose anything and if at all i file dowry case it wont be effective. my FIL who practices law, is misusing it to a greater extent.
V R SHROFF
(Expert) 13 February 2013
Legal battles are Planned; by Lawyers. Facts are Less, and case is full of contents of false allegations.
Husband and wife, both knows that there is No Dowry Demand, No DV, It's are small disputes and misunderstanding,
add up with Ego, and show off of woman oriented Laws..
Laws are anti Social, as it will cause more home breaking. Few years and Parliament will be compelled to correct these Laws as it harm more than help.
Especially 498A
Try to settle ur disputes with councillors..
Raj Kumar Makkad
(Expert) 13 February 2013
It is not understandable how your husband has filed DV case because such case can be filed only by wife against her husband.
Anyway, conciliation meetings are just an effort of the court to bring the parties to mutually agreed compromise and it fails, the cases are decided on merits. If you re hopeful to reach at a settlement only then take part therein otherwise there is no use to attend those meetings.
Anu
(Querist) 13 February 2013
Thanks again for the replies. My husband is always kept away from me. couldn't even contact him from almost 6 months. his entire family has changed their mobile numbers and house.The only reason to attend mediation to atleast meet him and trying to talk. but as always it fails.Even the judge said court can't force anybody for such tlaks. My husband seems to be more worried about any case which i may file to put him ans his family behind the bars.
May be we have laws to break families and nothing much to make them.
ajay sethi
(Expert) 13 February 2013
your husband dosent want to stay with you .
the fact that cell nos , house has been changed and your husband does not talk to you is testimony of said fact. better opt for divorce by mutual consent
