Rcr, false 498a & visiting rights

Sir, So far 498A and 406 are concerned if you think she will file false evidences and witnesses, the file for quashing of the FIR to the High Court on the ground that the case is false and baseless.. You ask some elders to intervene in the matter and settle the things amicably .. So far as child meeting is concerned you can seek visitation rights by moving an application to the concerned court or file a separate petition for child custody .... Regards Kapil Chandna Adv 9899011450

Please clear me do you need divorce or restoration?? Also please clear if what is your occupation?

 

I shall advise accordingly.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Dear Mr. Kapil,

Thanks a lot for your reply. I have already tried some many times thru elders, but her parents are very adamant. Her Father is very egoistic. Her mother & sister are totally money minded. These three people are misguiding her for all this dispute.

Based on your reply, I would like to ask some more questions:

1). For Visitation rights, I am planning to file separate case under Guardians Act. But please clarifiy, in which court I need to file this. Some people are telling that I can file this only in the jurisdiction where mother & baby are currently staying. Please advice.

2). For false 498a & 406, judge has asked for status report from police by 02.04.2015. So for quashing of 498a & 406, do I need to wait for the futher action from court (based on report to be submitted by police) or I can strraight away approach the High Court?

3). My Section 9 case (RCR) is still pending. I really want to bring my wife back & this will be beneficial for baby's future also. I am sure if I get an opportunity to discuss with her face to face, then all misunderstandings will be clarified. Is there any provision, that court can ask her to appear in person for this RCR and then I can ask for mediation & discussion? Pease suggest.

 

Originally posted by : Kapil Chandna
	Sir, So far 498A and 406 are concerned if you think she will file false evidences and witnesses, the file for quashing of the FIR to the High Court on the ground that the case is false and baseless.. You ask some elders to intervene in the matter and settle the things amicably .. So far as child meeting is concerned you can seek visitation rights by moving an application to the concerned court or file a separate petition for child custody .... Regards Kapil Chandna Adv 9899011450

Dear Rocky Smith,

 

Thanks a lot for your reply. I am Engineer by profession.

Looking at baby's future and everybody's benefit, I am really interested in restortation. I know that my wife is under the influence of my in-laws (her father, mother & sister) and If I talk to her then she will understand everything. But right now she is not talking to me and my in-laws are not allowing me for any sort of mediation or discussion. I tried thru elders and other people but all in vain.

Please advice how to approach futher. If I get some relief in RCR or if I get visiting right, then I will get the access to my wife and I can talk to her. But right now I am not having any such orders from court & my inlaws are doing all the false things (like false 406/498a, giving false documents in court / police, etc) to delay the court proceedings.

Please advice.

Originally posted by : Rocky Smith
	Please clear me do you need divorce or restoration?? Also please clear if what is your occupation?   I shall advise accordingly.   Please read each of my posts carefully in the following links for sample petitions and other necessary clues.   https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg   https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg   https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Restoration with 498A wives is always a high risk, however, you know her better.

 

Step 1. Please appear in HC in-person (Without Advocate) and apply for quashing with speedy trial (e.g. 1st prayer is quashing, if not granted the 2nd prayer is speedy trial) U/S 401 CrPC read with 482 CrPC and 483 CrPC for your 498A case.

 

Step 2. Please  appear in HC in-person (Without Advocate)and apply for Speedy Proceeding (Civil Writ Petition) U/S 21-B on HMA (Hindu Marriage Act) for your RCR & Child Custody cases under HMA.

 

Step3. Lodge a counter FIR against in-laws.

 

Note: - There is no execution of RCR. She does not wish to come at all then you can't do anything except divorce under Failure of RCR & Cruelty & Desertion ground if you win 498A and RCR both.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

First of all even if you win the RCR case, you cannot force your wife to come back and live with you, it is upto her to join you or stay back.  Even the court cannot force her to return to the matrimonial fold. As far as 498a and 406 case, you may as a precaution, take an anticipatory bail for all those mentioned as accused in the FIR, if FIR not registered, wait until the FIR is registered and take AB, after which you can challenge her false case in the court accordingly.  As far as visitation rights and child custody, you can file a case under guardian and wards act in a court within the jurisdiction of her residence.   Consult a good lawyer and proceed accordingly.

i didnt understand who suggested you to go for RCR

my in laws have not allowed me to meet my baby since birth and now the baby is approx 5 months old. 

and 

RCR case is pending in the court for the last 5 months

she went to her matrimonial home for delivery and how come you think that she will appear in the court will a new born baby and may be your stand is right in some aspects that you would take care of her then her parents but no court will grant such order 

now only you can file for visitation to see your child were she is residing and with that you will get time to discuss with her and also to solve the issue to go further complicated 

Ask your lawyer to send "dasti summons" for rcr. Wait for few months. If she denied to join back go for divorce .as baby is of 5 Months you would not get contested custody. Yes visitation right is your. Donot fear from 498a,406, Your case is strong enough as facts told by you.