Wife has filed rcr/DV/hacking her mail account/498a

Rastogi (Querist) 21 August 2016 This query is : Resolved
Respected Experts..
Wife has filed RCR and false DV on 12 dec 2015..and then false case hacking of mail account 15 mar 2016 fir harrassment .. I replied to stay with her in rcr case on 10 Apr 16 and same reply in DV case on 29 Apr 16.. she filed one more complaint of 498a on 27 Apr 16.. and I got the call on 1st may 2016 for mediation from mahila cell.. mediation was unsuccessful..FIR got registered on 28th may 2016.
Question:
A. Last complaint was done by wife on 27 Apr 2016 (498a) and In my last statements on 10th Apr (RCR) and 29th Apr (DV) I replied that I want to stay with my wife.. have I lost the ground of cruelty for divorce due to false cases on husband and will it be considered as condoned by husband ??
B. If I win the DV and 498a case then will it be considered as a ground for divorce??
C. Can I refuse in the RCR and DV case now?
Please reply and it will be a great help for me.

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Devajyoti Barman (Expert) 21 August 2016
1. Since the statements of reunion is made in RCR case and subsequent to it the case of 498A is filed then it would not be treated as condonation.
2.Yes , very much.
3.Yes.

Rastogi (Querist) 21 August 2016
Thank you much sir for your reply..
Few more questions..

1. What is the process to change the statement in court .. it should be in writing or verbaI

2.if rcr is in her favour then can I refuse it.. then in that case am I eligible for filling divorce.

3. what will be the ideal time for filling divorce in this case now?? We are not living together for more than 2 year but rcr is filed in Dec 15.

Guest (Expert) 21 August 2016
What was your original statement and what change you want now?

Give complete case history, if you want some appropriate guidance, instead of posting supplementary questions, as if you are seeking some solution to a law school academic exercise, as it clearly seems.

Rastogi (Querist) 21 August 2016
Original statement was reunion in rcr and now I want to change it and want divorce after 498a case filed by her.. case history is already shared in the 1st msg..

Raj Kumar Makkad (Expert) 21 August 2016
If your wife has filed criminal case under section 498A IPC even after conciliation statements of both the parties then you are not bound by your earlier statement and are free to take fresh plea whatever suits your case.

Guest (Expert) 21 August 2016
I endorse the advice of Shri Raj Kumar Makkad.

Rajendra K Goyal (Expert) 22 August 2016
Agree with the expert raj kumar makkad

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