Harsh (Manager) 05 March 2013

498a & divorce/rcr

What is the typical course of action taken by a 498a wife regarding the other options she has?

I have read many cases where 498a, DV, 125 have been filed - in all these cases, husband can get defensive. it is straight forward.

If there is a combination of false 498a + Divorce or a false 498a+RCR --> both by WIFE. What could be the implications?

125-->fight it or pay

DV --> fight it

498a + Divorce --> ??? is the divorce case a 'settlement ground' for the wife here?

498a + RCR --> ??? although it seems like a serious joke, one should expect the unexpected !

what should a husband do

1st) Delay & Frustrate

2nd) Ensure it is a fair game

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5 Replies

Tajobsindia (Senior Partner ) 05 March 2013

What could be the implications?
Take - In first she really wants to prove cruelties meted out to her. In second she was misguided yet wants to give herself second chance.

125- -fight it or pay
Take - Depends upon your pocket / mental capacity.

DV --> fight it
Take - Again depends upon your pocket / mental capacity.

498a + Divorce --> ??? is the divorce case a 'settlement ground' for the wife here?
Take - Yes, grab it (via MCD route) if not in mood to fight for long years.

498a + RCR --> ??? although it seems like a serious joke, one should expect the unexpected !
Take - It is not a joke in practice, yet it is social pressure awakening call as we call it.

what should a husband do

1st Delay & Frustrate
Take - If pocket allows and has a seasoned advocate backing your moves then delay by all means and if not then one will stick to these legal portals and garden meetings for very very long time to come.

2nd) Ensure it is a fair game
Take - In matrimony as in marriages there cannot be fair game when weaker gender is once adversary. Game is played with equal footing partners. Forget is goal and forgiveness is all but choice.

Msk-need -nuetral- laws (self) 06 March 2013

"Forget is goal and forgiveness is all but choice" - good lines though a difficult thing to do!!

Harsh (Manager) 07 March 2013

@taj

"grab it" is what grabbed my attention. sensible indeed, but the intention is also to make the other party 'work for it' to come to a good negotiation. so without loosing that option of MCD a little hide and seek game, delaying tactics.

thoda natak unhone kiya, thoda hum karenge. badla ya tho hum khud lenge ya mr God lenge.

finally hum to peecha chudaenge.

also no intention of becoming a long term member of LCI...nor attending garden meetings; rather poolside jacuzzi and a nice drink is a definite yes !