1. Yes she can.
2. Yes criminal cases
3. You can oppose by giving say to her RCR.
4. No.
5. Yes
Request for suggestion on RCR
My wife filed RCR in Oct 2018 And I filed Counter in Feb 2019 and the case was sent for mediation I had attended counseling, and I said clearly that she had left me without any proper reasons. And filed RCR just to make me have a round of courts. She mentioned all false alligations on dowry and harassments. Now it's in the stage of evidence and I came to know that she is trying to withdraw RCR as she cannot prove the allegations made on me. 1Q . can she withdraw the case at this stage? 2Q. Can she file any other cases after withdrawing RCR? 3Q How to stop her from withdrawing RCR? 4Q Is there any provision in law to oppose withdraw as I want to prove that I am not guilty? 5Q Can I file a defamation suit as she filed false RCR on me and can I ask her to pay my legal expenses occurred in RCR Case?
Asked 5 years ago in Family Law
Religion: Hindu
15 Answers
1) wife is at liberty to withdraw RCR
2) wife can file DV / divorce case against you
3) you can file defamation case against your wife if she has levied false allegations against you
4) you would not be awarded legal expenses incurred by you
1. Yes she can
2. She can file false case of dowry, harassment and maintenance
3. You can not stop her. It’s her case she can do whatever she wants
4. No
5. No. Ingredients of defamation are not made out
regards
Hi
In reply to your query No.1 - She can withdraw the case.
No.2 - She can file other cases viz., Dowry harassment case (Sec.498-A), Domestic Violence Case, Divorce Case and / or maintenance case ( if you have children - maintenance / custody of them also).
No.3 - Oppose the withdrawal of case by her by making a written representation (for record sake only). Allow her to withdraw the same. You can use it as a defence against the aforesaid cases if she files. This is blessing in disguise for your. Obtain certified copies of all the documents at lease minimum two sets each.
No.4 - Your formal opposing is enough. Since you have filed your counter, going by the contents she might have realised that her case does not stand test of law, as such, she is intending to withdraw. Thus, use her RCR & your counter in your defence and to prove you are not guilty.
No.5 - You can file civil & criminal defamation, but the same does more harm than good.
Therefore all said and done, you use her RCR & your counter to your advantage when she files others cases against you & your family.
Good Luck.
1. yes, she can withdraw the case, in fact, any case can be withdrawn at any stage,
2. Yes, depends upon the facts
3. You cannot stop her from withdrawing the case,
4. No Such provision,
5. you can file defamation but it won't end in your favor, though you may succeed in getting her round up the court, for fewer hearing like you do in RCR,
1. Yes she can withdraw the RCR
2.She can file case of domestic violence and cruelty against you but in case no proof that fails too.
3. You cannot do that. You in RCR can agree that you will.take her back.
4. See you cannot.do that If she withdraw same then all allegations stands withdrawn.
5. You can pray before court to impose cost on her.
Respected sir...
- Yes sir she can withdraw cases at this stage..
- Yes she have power too as per the provision of law to file cases..
- You have no power to stop her..
- Sir that case is filled by her so the sole right to withdraw the case is with her so you have only option left to take ple that i am innocent that's why she had withdrawn it..
- Sir RCR is A matter of right and you can not claim against her... There are no provision in law neither you can claim litigation experiences...
Sir this is India here there are no laws in support of a man... Even law commission is not paying attention to it... I will advice you to be cool and calm...
Thank you
Yes.
Can file but on fresh grounds.
Nothing.
No.
No defamanation on false Rcr.
she can withdraw rcr.
she can file DV and 498a.
you cannot stop her.
you can file defamation case against her.
1. Yes, she can.
2. She may, no predictions can be made about it.
3. Why do you want to stop her from withdrawing the case, let she do it, she has got right to withdraw.
4. Once the case is withdrawn all the allegations against you have been withdrawn.
5. no, any such case is not maintainable.
- As per the information mentioned in the present query, makes it clear that she now wants to withdraw the case as she knows that she can’t prove the allegations.
- Yes, she can’t withdraw like this at the stage of evidence.
- You should challenge the same under section of 151 of CPC praying before the court of law to not to allow her to withdraw the same or if she wishes to then she should state in order that she won’t be filing any false cases against you or your family members.
- It is the discretion of the court to allow her after furnishing certain conditions, but generally court doesn’t use their inherent power as per section 151.
- You just make sure that the same gets dismissed if not allowed with conditions.
- After the dismissal, you might not be able to file defamation case as this is not considered in public forum but surely can file suit for compensation for metal trauma.
Yes she can withdraw the case at any stage.
Yes she can file case like maintenance and divorce.
You cannot stop her from withdrawing the RCR petition.
No there is no provision for opposing the withdrawal of case.
Defamation case will not he valid against RCR petition.
First, I want to thank all the Legal advisors who gave me their precious time to answer my previous questions. 1. Today I attended my court and I received a copy from the court under order 18 rule 4 of CPC. I just want to know what and how should I reply it, as I am appearing to the case as a party in person I haven't engaged advocate sofar. 2. I am an adopted child my parents and my surnames are different. previously the property was on my mother's name (Adopted). They sold it and purchased a new property on my name, I haven't spent a single rupee on it. My question to you all is can my wife demand any share in the property as it was on my name. 3. Did she have any right on the property if so how to stop her on claiming it as it is not earned by me?
Asked 5 years ago
1. You need to cross examine the witness as the order 18 rule 4 is chief examination filed by the plaintiff.
2. Wife has no right in the property.
3.she has no right in the property.
1) wife has no share in property standing in your name
2) she can only seek right to stay in matrimonial home
3) you must file detailed reply to petition filed by wife
4) better engage a lawyer to appear on your behalf
It's better you appoint a lawyer soon. She can demand but you can object to the same.