Wife filed rcr 3 months after filing 498a.
dukhihubby
(Querist) 04 July 2016
This query is : Resolved
Friends need your urgent suggestion on the current situation. Wife filed RCR 3 months after filing 498a.
498a (Filed Dec 2014). RCR filed by wife in March 2015. DV case also filed in Jan 2015. All three cases running.
498a I got anticipatory bail easily. I have not filed even 1 case against her.
I need the below information and have a few questions:
My 498a lawyer mentioned that RCR is not valid since she put RCR after 498a FIR. I need to know if there is a judgement that I can refer on this or how can I get this RCR closed.
Wife wants divorce with all 3 cases running. My stand is she should take back 498a and I can then think of giving divorce. Will this be a good situation?
Will I be able to get the DV and RCR closed after the divorce Decree. I am sure she has plans to go out of country/city.
adv. rajeev ( rajoo )
(Expert) 05 July 2016
You can do one thing. Request the court to refer the matter to mediation, there you both can settle the matter either go for divorce or reunion. In the compromise let her agree to withdraw the 498A case.
Rajendra K Goyal
(Expert) 05 July 2016
DV, 498A, maintenance, RCR case can run simultaneously.
Try to have Mutual Consent Divorce on agreed terms.
Rajendra K Goyal
(Expert) 05 July 2016
DV, 498A, maintenance, RCR case can run simultaneously.
Try to have Mutual Consent Divorce on agreed terms.
M V Gupta
(Expert) 06 July 2016
I do'nt think that there is any judgement holding that RCR application cannot be filed after DV case. But as I have observed in a similar query in the preceding posting RCR and DV case palpably contradict each other. A wife who is complaining of domestic violence, in the normal course, will not file RCR application. To this extent I am inclined to agree with ur Advocate's opinion. The pleadings in the RCR application may contradict the allegations contained in the DV case. Make best use of these contradictions in ur defense.And as suggested by Expert Shri Rajeev Rajoo in the Divorce case u may demand for mediation/counseling during which u can agree for divorce if the wife is willing to withdraw all other cases.
Ajay Bansal
(Expert) 07 July 2016
There is no legal bar of RCR in such situation too. But this RCR will go against wife in her case u/s 498-A.
