• Section 9 of RCR and 498A

I loved one girl which she is working in same company which I'm working... I had a lot of love with her later times go on she was asking money for personal use which she didn't give back I had transferred 2lakh to her account ... after that we had married in temple without parents and we did one house for rent and was living for 2days ... after 2days I took her mobile and searching photos and found that she a bad chats about sex with other guys more than 4 members and I got those messages and face book messages and I left home and went to other place switch off mobile everything ... and after 7days I came back to my home explained everything... she met me one day and demanded 50lakhs so that I can leave you... she gave 2day to decide... and i gave complaint to superintendent of police regarding these and sp transferred to dsp to take legal action ... within this period she had lodged 498a. 312 . Dv act . 504 on me and my family ... now we are in court bail ... after these I received section 9 of RCR... I don't want to live with her ... dear sir kindly give me the best suggestions regarding this as I'm not getting proper suggestions from my lawyer 

1. How this case will turn since my parents are govt servant 
2. Can I apply for divorce now
3. She had given her friends witness that I'm asking 50lalhs dowry
4. How RCR will turn 
5. I had written govt job exam surely I will get one job . Can these effects my govt job

Thanking you
Asked 6 months ago in Family Law from Tumkur, Karnataka
Religion: Hindu

1) your parents were not even present at marriage . Your wife never stayed with your parents 

 

2) they can file for quashing of FIR in HC 

 

3) in your reply to RCR petition take plea that there is no possibility of reconciliation as your wife has filed false dowry cases and demanded Rs 50 lakhs from you for divorce 

 

4) you can cross examine her friends 

 

5) you have to disclose pending case in case you are selected for govt job 

Ajay Sethi
Advocate, Mumbai
65428 Answers
3960 Consultations

5.0 on 5.0

1. See they will get Anticipatory bail and since you have not stayed with them a single day or the girl was not in contact with them parents can file quashing petition in high court.

2. See for applying for divorce before one year of marriage first you need to obtain permission of the court.

3. For that they can be cross-examined in the time of evidence stage further she needs to give proof concerete evidence of same.

4. The court can order restitution or can reject based on how you contest it.

5. See in case of conviction only it can effect.your job not the case 

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

The girl was married and it was a love marriage but it didn't last. Therefore she can't put allegations on you of dowry as your parents were not involved and you married in a temple. If you dint want to live with her then file a divorce petition against her on grounds of cruelty and incompatibility and adultery. You should clearly state before the family court why you dont want to live with her...adultery etc. No your parents cannot be involved and they would not suffer as they had nothing to do with your marriage.

In case you are going for a govt job try to clear this as early as possible.

Regards 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

1)FIR can be quashed by High Court in accordance with section 482 CrPC. You have to file an application to quash the FIR. 

2)If Your marriage is not completed with in 1 year so now you can't file a petition for divorces o you have to wait till completion of 1 year. After completion of one year you can file divorce under any grounds of divorce 

3)The statements of the witnesses u/s 161 crpc must be examined and cross examined. 

4)If the court has not yet passed the decree of restitution of conjugal rights, then you should defend the petition of RCR filed by your wife. According to section 23-A of HMA,1955, if you succeed in opposing the petition of RCR on the ground of cruelty or desertion by your wife, you may get the decree of divorce on those grounds in the same proceedings. 

5) dowry harassment case unless you are convicted there is no damage that will be caused to yourgovernment job so you need not worry. 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

1. Firstly since you have mentioned that you both married without consent of parents' and took a room on rent and stayed there alone, your parents' have no role in this entire proceedings therefore you first try to discharge or quash the proceedings against your relatives. 

2. If you wait till you are acquitted, you have another ground for Divorce.  IT is advisable to wait and work on making her case weak. 

3. Your complaint may help you in this regard.  Else good cross of her witness should do the trick. 

4. That solely depends on how you put across your case.  If you are able to establish that she was doing adulterous chatting with several guys post marriage, RCR may not turn out in her favour.  

5. Unless you are held guilty, it should not affect per se. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. No issues.

2.yes. you can reply the same stating you require divorce.

3. Cross examine her friend and falsify the same.

4. Depends on merits. If allowed then you need to stay with her

5. No unless you are convicted.

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

1. You should file a petition for quashing of the FIR in the HC.

2. You can apply after one year of the marriage.

3. She will have to give document prove also.

4. You appear before the court and tell the court about the situation and contest the case. 

5. Yes, this may effect your job. Do as advised in point one above. 

Regards 

Anilesh Tewari
Advocate, New Delhi
16736 Answers
253 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows.

1.How this case will turn since my parents are govt servant

Ans: Appraoch High Court and get quash 498a case, it is very easy because you yourself transferred Rs.2 lakhs.

2.Can I apply for divorce now

Ans: On the ground of adultery you will get divorce very easily.

3.She had given her friends witness that I'm asking 50lalhs dowry

Ans: It is fine.

4.How RCR will turn

Ans: Court will dismiss her RCR case as she is living in adulterous life.\

5. I had written govt job exam surely I will get one job . Can these effects my govt job

Ans: Very soon you must get quash 498a case and clear yourself from criminal record.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4243 Answers
108 Consultations

5.0 on 5.0

1. Since its a false complaint don't be scared of the procedures.

2. After completion of one year.

3. Let them prove that properly.

4. It depends on how you would challenge it.

5. You got to be careful while police verification report is being registered.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

1. If you do not wish to live with her then you may file a petition for dissolution of marriage on the ground of cruelty. In addition to this, you may also seek annulment of marriage on the ground that your consent to marriage was obtained by suppression of factum of her relationship with other guys.

2. If your parents have obtained anticipatory bail then their job should be safe.

3. Has the statement of her friends been recorded by police? If yes, have they been listed as witness in the chargesheet? If the answer to both these questions is in affirmative then you will get the opportunity to cross examine them to impeach their credit.

4. Your candidature can be initially rejected by the competent authority due to pendency of the case, but you may file a writ petition in the High Court to quash any such order.

Ashish Davessar
Advocate, Jaipur
26103 Answers
775 Consultations

5.0 on 5.0

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