rcr after 498a case filing
deshpande
(Querist) 20 March 2015
This query is : Resolved
Good morning,
My wife had filed 498a and dva case against me and my parents. Parents in hyderabad and I am an nri residing in middle east. These cases are going on and my parents are attending the hearings when ever dates are given.
Now wife has again files a case in family court of Rcr.
my queries are
1. Can she file rcr after filing 498a and dva case.
2. She is a central govt employee and is she eligile for any interimmaintenance.
3. We have been living seperately from almoat 2 years.
Please advice, I want divorce.
M/s. Y-not legal services
(Expert) 20 March 2015
Yes. As a wife, she have rights to claim restitution of conjugal rights at any time.
If you don't want to reunion and need divorce only mean you may initiate the proceedings to divorce..
deshpande
(Querist) 20 March 2015
Thank you sir for your response.
Please let me know, can I initiate divorce proceedings when 498a is pending. And as she is a central govt employee, is she eligible for any intirim maintenance. ..
deshpande
(Querist) 20 March 2015
Thank you sir for your response.
Please let me know, can I initiate divorce proceedings when 498a is pending. And as she is a central govt employee, is she eligible for any intirim maintenance. ..
M/s. Y-not legal services
(Expert) 20 March 2015
Surely you can initiate divorce precedings while criminal litigation is pending. Pending criminal case can't be bar to your divorce case.
If she earning sufficient income mean she can not claim any amount as maintenance as well as interim maintenance..
ajay sethi
(Expert) 20 March 2015
you are at liberty to intiate divorce proceedings even if 498A is pending . your wife wont be eligible for maintenance as she is working as central govt employee
deshpande
(Querist) 20 March 2015
I am presently residing in middle east,can I initiate divorce proces by giving power of attorney, reason being 498a case is still pending against me. If I travell , there r chances of not allowing me to come back to middle east till case is settled.
SAINATH DEVALLA
(Expert) 20 March 2015
File a divorce petition in the place where u r residing (provided U R eligible to file a divorce basing on the local laws).Have UR parents been arrested initially and out on bail,if not get anticipatory bail for them.After U get divorce in the place U reside get it legalised in India.Because at this stage and in UR absence U cannot go for a quash of 498A in HC, and moreover POA is not acceptable in such cases. Ask UR parents to file counter cases against her for forgery and defamation to make UR case stronger and quick settlement.
Rajendra K Goyal
(Expert) 20 March 2015
Go for quashing of the cases against you and your family. It would be better to file divorce case against her.
M/s. Y-not legal services
(Expert) 20 March 2015
Without your presence in your criminal case nothing will be favour to you.
So just try to come india with anticibatory bail.. And quash the false case. Then you may file divorce as of your wish..
deshpande
(Querist) 17 December 2016
Dear all
Good morning, court has pronounced judgement in 498a case as " ound not guilty" and I am thank full to the god, my lawyer , this fourum for the support and guidence given to me, this was a false case filed against me and my parents.
We have gone through a lot in the last 2.5 years.
I need to tackle DVC which is left against me, and I will tackle it with full confidence.
Thanks once again
Regards
Rajashekar deshpande
deshpande
(Querist) 17 December 2016
Dear all
Good morning, court has pronounced judgement in 498a case as " found not guilty" and I am thank full to the god, my lawyer , this fourum for the support and guidence given to me, this was a false case filed against me and my parents.
We have gone through a lot in the last 2.5 years.
I need to tackle DVC which is left against me, and I will tackle it with full confidence.
Thanks once again
Regards
Rajashekar deshpande
