• Wife filed 498a, DVC, then RCR

My wife filed 498a on me and my family members first stating that i poured poisoness tablets in her mouth to kill fact is that she herself swollowed.
After few months she filed dvc stating with same statements quoted in 498a.
It's been two years I am attending court for these cases.
Now she sent a notice according to sec9 of HMA .(RCR).
I decided to take divorce after she filed 498a and DVC.but my lawyer is delaying in filling 
 divorcebpetition . I do not understand the reason why?
498a and dvc are running at evidence stage.
They are not coming to court to show evidences since 4months.
I am forcing my lawyer to file divorce petition for which he is replaying that in RCR case only we have to file divorce.

Please clarify me anyone that can divorce petition be filed with RCR counter petition if so is that valid?
If not how to file?
My lawyer is not giving any type of clarification regarding this....
I am fully confused .....day by day I am becoming very much depressed...
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

1. Do not delay filing divorce suit. it is not making any good.

2 her RCR will fall flat after filing so many criminal case and you may be happy to know that filing RCR pr sending notice there under she has made her cases weakened.

3. In the RCR only while filing your written statement you can claim for relief divorce as cunter claim and hence no separate suit is not required.

4. If you have no trust on your advocate then it is better to engage a new one.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No need of depression, absolutely u can file divorce petition and u r not supposed file in counter case in RCR case filed by ur wife. Filing of false complaints by your wife amounts to mental cruelty. Such cruelty ground for filing divorce. If you contact,I can guide.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. There should not be any delay. Better change the lawyer if he continues to delay.

2. It is not clear whether the complainant is not coming to court or is appearing in the court but not leading her evidence. If the complainant is not leading her evidence then tell the court to close her evidence, and if she or her lawyer is not appearing before the court then tell the court to dismiss the case in default.

3. In RCR you cannot file for divorce, a separate divorce petition has to be filed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

First of all, there is no need to be depressed as these things would pass.

Secondly there is no bar in filing divorce petition as a counter to a Section 9 petition of Restitution of Conjugal Rights. The section 9 petition filed by a wife has no sanctity as she has already filed 498 a case against you and your family.

But, you can only file a new divorce petition, only if your wife has withdrawn her divorce petition, otherwise two divorce cases cannot Run between the same parties at the same time.


Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can file separate divorce petition on grounds of mental cruelty

2) deny allegations made in RCR petition

3) both petition would be clubbed together

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir do not be depressed hire a good family court lawyer present separate divorce petition and file a counter of the RCR you wife has filled false cases on you then there is no chance that RCR should succeed.

Further file an application before court to close their right evidence of complainant as they are absenting them self from giving evidence.

You have to file a separate divorce petition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Petition is valid, You are open to file diovrce any time, whether RCR pending or not.

Not filling diovrce may benefit you to defy wife claim that, you don't want her, And if you will file for divorce, this will get confirm.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your spouse has made your case strong by filing section 9 suit. All the allegations levied in other cases by your spouse have become baseless.

File a suit for divorce asap and also take a plea for divorce in section 9 case stating the allegations made in DMC and 498A case.

Replace your lawyer for better and quick results

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0


Your lawyer is going in the right direction . Let the 498a case comes in your favour , then you can file a divorce case om the ground of cruelty as rcr on her part will also refer a plot made against you.


Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. The procedure of filing divorce suit in RCR case is unknown to and unheard by me.

2. If you have irrefutable evidence of her cruel acts on you then you can file the divorce suit on the ground of cruelty.

3. If you do not have irrefutable evidence of her cruel acts, wait for some more time to get the 498A case dismissed by the Court and thereafter you can file the divorce suit on the ground of cruelty since the Supreme Court has opined that lodging false 498A complaint can be considered as an act of cruelty by the wife for which divorce suit can be filed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0


the s.9 application filed by your wife means that she is pleading before the court that you have withdrawn from her society and wants to be with you, this application must be contested by you, stating that she herself has filed a complaint under various sections and has stated that you wanted to kill her. s.9 states thus:-----" where a question arises whether there has been a reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society". so file a suitable reply stating all that has happened.

the divorce petition must be presented to the appropriate court.

the court would advise you for mediation.

tell your lawyer that contest the RCR application and file a divorce petition.


Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. RCR need not be filed if there is irretrievable breakdown of marriage;

2. Therefore file for divorce under Section 13 of the Hindu marriage act, under the grounds of cruelty;

3. You should have filed a counter FIR against her for attempt to commit suicide;

4. You should start getting the papers ready for divorce petition urgently;

5. If you are seeking divorce and your lawyer is not co-operating then you must change the lawyer or contest the divorce in-person.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Your lawyer may be contemplating for a counter claim for divorce in the court to her RCR petition.

It is not necessary to make a counter claim.

Instead he can file a petition for divorce on the grounds of cruelty with elaborate pleadings for divorce itself.

If your lawyer is not cooperating then you may change your lawyer.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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