I filed for RCR

GO FILE AND DOMESTIC VIOLENCE..... AND 498-A.

ITS IS A LICENSE YO KILL THE HUBIES... IN NO TIME .. HER HUSBAND WILL BE IN HER LEGS.. I BET U.

No. On both counts, she was wrongly advised.  She should have contested divorce case on merits.  She should not have file RCR.  Now, if both the cases are running, she should take corrective measures, by appearing and contesting the divorce case filed by the husband and withdrawing the RCR filed by her.

Filing DV and 498a can be consider as reveange now as husband has already file for divorce.

There is no option for a girl instead fighting the case. She can file proper case in her city. But At the end of all fights which may last long for years, Girl can get only money after going to through all sleepless nights, worries in family. Ofcource this applies to both wife and husband....

it would be better option to go for mutual contest divorce if he is ready to fullfil your few needs.

Thnaks for all your sugestions. Regarding 498A we gone to police and they are not registering the case saying your mater is already in court and we cant do anything.  What are other option left with US ?

DO you realy recommend a mutual consent ?

She want to teach her hushband a lesson but how as we tried to register a 498A which is not through.

Amit

@Amit,

Totally confused state of mind,

1. Filing RCR - Yes my dear hubby, i want to stay with you.

2. Asking question for maintenance - My dear hubby , i want money from you legally.

3. Trying to file 498A - My dear hubby, give me huge money or else you and your family is gone ...

What are you trying to achieve ? Do you want to save marriage or teach husband a lesson ??

 Regarding non-filing of section 498-A, the police is doing injustice to the woman.  If she is physically and/or mentally harassed by husband or his relatives for dowry or for any other reason, she is entitled to file a complaint in the police station.  The police has to call the husband and try to reconcile the matter and if it is not reconciled, then register the FIR and send the same to Magistrate court.  There, the trial starts.  If the police is not doing its job on the pretext that there is alredy divorce case is going on, it is injustice to the woman.  If it is so, you engage an advocate and file a criminal complaint under Section 200 read with Section 156(3) of Cr.P.C.  The magistrate gives a direction to the police to register the FIR and after completing the investigation file the challan.  This is the way to deal, when police is not cooperating with the complainant.  If the case is proved, the accused will be convicted and sent to jail and the maximum punishment is 3 years imprisonment with fine. 

No. I do not recommend mutual consent divorce only on the ground that section 498-A case has not been registered or husband has filed divorce petition and so at the end of the day there will be only divorce.  If husband has filed divorce petition means he wants divorce.  That does not mean that she wants divorce.  If she does not want divorce and does not want to remarry, does want to take revenge for the atrocities she met at matrimonial home during married life, WHY SHOULD SHE GIVE DIVORCE?  IS IT ONLY MEN'S WORLD?   IF THEY WANT DIVORCE, THEY HAVE TO GET IT?  IF THEY WANT TO BRING ANOTHER DOLL IN THEIR LIFE, THEY THROW AWAY THE OLD DOLL JUST LIKE CHANGING OF SHIRT.  WHAT TYPE OF JUSTICE IS THIS?  IF ONE OF THE SPOUSES WANTS DIVORCE, ANOTHER SPOUSE HAS TO OBEY IT BY GOING FOR MUTUAL CONSENT DIVORCE BY ACCEPTING THE COMPENSATION.  IS THIS PURPOSE, MUTUAL CONSENT DIVORCE IS PUT IN STATUTE BOOK.  IT IS NOTHING BUT TOTAL MISUSE OF MUTUAL CONSENT DIVORCE PROVISION. 

I also suggest her to withdraw the Restitution of conjugal rights petiton.  The reason is that if she files RCR petition, it means that she is condoning his cruel acts.  Actually, her intention is not like that. Next, it will dilute her section 498-A case.  Lastly, if she succeeds in RCR case, then also the husband will not allow her to stay with him and after one year he will get divorce on the ground that co-habitation has not happened during the one year period after passing of RCR decree. In such circumstances, the court has to give him the decree of divorce.  By filing RCR she is helping him in his cause. So,  I suggest withdrawal of RCR case. 

Respected Chandu Sir & Mr Salim Shaikh, No where in the post Mr Amit has talked bout the atrocities being committed on Mr Amit's friend by her husband. So without even understanding the core of the problem how do you suggest "File 498a" ?  I just failed to undersatnd the logic?

So Thanks to all members for their suggestions. Finall we withdraw RCR and also file for the maintinance under crpc 125.  Now we are trying to file 498a also.

Members please let us kow if we are on right track.

Amit.

Yes.  You are on right track.  But one thing, while preparing the complaint for Section 498-A take the guidance of reliable advocate.  The cruel acts have to be mentioned in the compalint with precision.  Date, time and place of the events (cruel acts) have to be properly, in choronological order have to be mentioned in the original complaint.  If the police does not take action to register FIR, then adopt the method I suggested in my earlier post.