Vishu vishu (dfa) 03 April 2010

RCR within one month after filing 498a

Hi,

Please let me know if Wife file false 498A and within one month file RCR to stay together. On the same date of filling RCR, moved an application in 498A case to seize the passport of husband.

It has already been seven month after filling of RCR, notice is not served to husband (might be because she is also not actually interested, and wife is putting efforts to not dispatch noticeto husband ).

Can divorce be fight on merits of Filling RCA, application for seizing passport and filling 498A together as mentle harrasment to husband.

Also please advice, if husband should file Divorce petition now, or wait for acquital from 498A.

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2 Replies

Vishu vishu (dfa) 03 April 2010

Also please tell Will RCA help in fighiting 498A case??

Guest (Guest) 03 April 2010

I think that you typed wrongly "RCA" instead of "RCR".

Now, filing S.498-A case, filing RCR or asking the court to impound Passport so that husband cannot leave the country, cannot be treated "cruel acts" which may provide you divorce decree. If you have got any other independent incidents, which amount to "cruelty" in the eyes of law, then there is no prohibition for you to file divorce petition. In addition to this, other than "cruelty", any other ground is available, then also, you can file divorce petition. You can file divorce petition independently. Or otherwise, if you receive the notice for "RCR", there as a counter claim, you can seek divorce.