Respected Members,
WHAT ABT THE CASE IN WHICH RCR AND DV IS FEW DAYS AFTER THE AB. Request your benign guidance on this one.
Request to please provide your valuable advice on DV and RCR part; Is there any judgement mentioning that the wife cannot take advantage of her own wrong / something else of similar nature whereby the RCR got dismissed. ,that can help me as well as action plan that can be followed on the mentioned case:
Also pls advice if her RCR can help in any way for quash of 498a or end DV if possible
1. Wife files 498A/406 against me and family. Charge sheet yet to be filed. Myself living in rented accommodation in delhi; Parents at the native place-Dehradun. Marriage lasted for 6 months. No child; Wife working - earns ~ 25k-35k. Currently residing at her parents residence. She accepts in her RCR petition to be earning at present along with affidavit and residing with her parents in delhi. Simple marriage of 85k only (sagai, reception, pherey) exclusive of gifts exchanged which again was not much.
2. Secured AB for self without any cost to the wife.
3. She after few days of my securing AB filed RCR and one day after filed DV. I\'ve filed my reply. It has been 3 months that she filed these cases.
4. On the return of leftovers I have mentioned everywhere with receivings taken from the police authorities on my applications but no heed was given to it. Also the court was made aware ot it.
5. Note: The RCR is ditto copy of the FIR. At the end she had prayed to pass a decree of RCR u/s 9 of HMA, directing the respondent to discharge the marital obligations towards the petitioner like a devoted wedded Hindu husband and allow the petitioner to live as his wedded wife happily without any hindrance or interference of his family members, with costs, in the interest of justice.
6. Second marriage for both ( My 1st marriage lasted for ~ 1 month; mutual divorce; no litigation or police complaint or CAW proceedings. For her she did everything from police complaint to CAW proceedings and FIR. Her case got over with huge settlement amount (Rs. 15 Lakhs(double digit) in 6 months from the 1st day of her lodging complaint against her previous husband. FIR got quashed, got divorce etc. She lied to me that she had not done all this before. My mistake we believed them and never did any background check.
However thats past was able to retrieve all her previous docs like
a) Her complaint against previous husband, complaint of father against previous husband, streedhan list.
b) Complaint given by the previous husband against her.
c) Previous FIR quash copy etc.etc.
The previous complaint and one against me is 90% similar with minor changes here and there. Few figures of Strredhan list borrowed form previous Streedhan list. She is a habitual offender.
Lot of contradictions in the complaints given by her against me and family in differnt forums (Police Stn, CAW etc)
Apart from this my bail order also carries the Judge\'s observation that the the dispute about return of dowry articles cannot be decided at this stage of the bail and he has put it on aevidence stage. Since I had mentioned everywhere and also in the bail order that we wanted to return the leftovers but they are not inclined to take the same.
Following were the arguments of the wife\'s counsel:
1. Ld Counsel of the complainant had strongly opposed the bail application.
2. The husband and family had beaten the wife and report had been lodged by the complainant.
3. The wife wants to come and live with the husband but the husband is not allowing.
4. The jewellery bills had been identified by the I.O
5. Custodial interrogation of the applicant required for not-returning of dowry articles.
He was just arguing on the jewellery part.
My counsel arguments were also there like previous background of her with settlement of Rs. 15 lakhs in the previous case. She has a negative attitute. She has ruined husband\'s life etc. It has come in my bail order as part of my counsel\'s arguments
I have shown pics of her posession of the jewellery articles since since she had mentioned that on xx date she handed the same and was in the FIR but pics and clips that I had showed that she was in posession of the same after that date since she was wearing part of the jewellery at diff occassions post that date and it is in her posession so FIR is false - this pt has also come as part of my counsel\'s arguments.
Also few other arguments that my counsel argued in my favour had come in the bail order as part of his arguments.
We need to go for regular bail now, query regarding which is sent earlier by myself to your e-mail id.
Yours faithfully
Thanks and Regards
Also on the maintenace part:
Wife files 498a/406, After AB she files RCR and DV on this forum. Also, request to please guide on the maintenance part-does her previous settlement amt (xx - double digit in lacs) will be taken into consideration for maintenance purpose be it interim or final. In Crpc 125 also will it be considered.. Or she can always say that that amt is spent/ since it was my father\'s expenditure on marriage he got compensated for it. The previous divorce of her was out of court without any litigation or it entirley depends on the judge to consider it or not.
But as I have read in most of the forums and in law itself that the conduct of the parties is considered what is your say on the whole thing?
Presently she earns around 35k per month, no child , duration of stay together is nearly 6 months.
I have already posted my case under the subject: Wife files 498a/406, After AB she files RCR and DV
Guys i am seeking legal opinion on it, request yours and other senior members guidance on it from a legal perspective.
Await for your benign advice
Regards
