After filing of charge sheet you can file for discharge if there is no evidence against you
2)RCR is useless . Even if your spouse get a decree she cannot force you to stay with her
MC / 498a
Hi Sir, i am facing cases like 498a,MC and RCR. And I filed divorce case. She dragged me to police stations 3 to 4 times. I compromised and took hack her couple of times, But there is no change in wife and in-laws attitude. 4th time I didn't take her back so they field 498a on me and my parents. Initially they filed MC and RCR case later 498a. Charge sheet also filed in 498a. MC case is in petitioner cross examination stage. RCR is in counter filing stage. I am planning to file 239 petition to discharge in case of 498a Pleas guide me how to go with these cases.
Asked 6 years ago in Family Law
Religion: Hindu
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12 Answers
Directly file a petition for quashing of FOR. I. R in high court.
Court will stay proceedings of trial court at initial stage
Hi
Check the charge sheet, if no charges are farmed against you, you can file discharge petition.
Contest the other cases filed by her. Collate substantial proofs / evidence to support your counter.
I have following questions: 1)If she gets RCR decree will it impacts my divorce case proceedings? If I get expart in divorce will rcr has any impact. 2)Will MC (maintenance) case has any impact of 498a? and in case if i get acquittal in future do I need to pay maintenance to her? 3)For MC case in what kind of scenarios court asks salary slips/bank statements via 91 crpc? Can I fight against 91crpc to avoid sending letters to my office. 4)I filed divorce case in Bangalore where as she filed all cases in different state - andhr pradesh, Is it easy for her to transfer my divorce case to her native at different state? 5)In 498a charge sheet police mentioned 4 witnesses. two witnesses actually in favor of me 1) house owner 2)one my village person. other two witnesses are from her native place and they were present during meditations happened 2 to 3 years back. There is no other medical documents as a proof for 498a. Evidence is like hearsay evidence. Will my 239-discharge petition will succeed. 6)Can both quashing at high court and trail at district court can simultaneously happen? 7)Can I get divorce easily if i acquitted in 498a.
Asked 6 years ago
NO.
Maintenance case will decide on merit of application, minute impact of 498a decision.
Court has wider power to summon your salary slip and statement. You can object, rest court will decide.
In transfers petitions, court favors women but out of state transfers of case is possible by SC orders.
Discharge application decides on evidences before court. IF no relevant evidence than court may allow.
Quash petition files in HC only. In lower court, discharge application.
Divorce will grant acc. to grounds available in Hindu marriage act, and filing false case ground of divorce.
1) if court passes order for RCR your divorce proceedings would be dismissed
2) even if you are acquitted in 498A case you ha e to pay maintenance
3) court can direct you to produce last 3 years income tax returns, bank statements, list of investments etc made by you
4) she has to file petition in SC for transfer of cases
5) we cannot say whether discharge petition would succeed or not
courts cannot force you to cohabit with your wife if she wins RCR case. no matter what your wife filed.
If she wins RCR, you are bound to lose divorce and vice versa.
an acquittal in 498A case cannot be a ground to deny maintainance.
Once the court issues summons to the bank Or Employer your complete details of income will be before the Hon'ble Court and then the court will grant maintenance as per your income.
The Hon'ble Suorene Court will consider whether she has got grounds to seek transfer of the case.
See in case charge sheet is filed and there is no evidence supporting her allegation and the charges are not framed file for discharge before the trial court.
Secondly in RCR you can contest and in divorce can provide proof of her cruelty or proof of your statements against her.
In RCR you have to file reply and deny for taking her back.
1. If both cases are before same court and are taken together then court may reject divorce if granting RCR. Though on merits of divorce case court can decide same also after the divorce order.
2. See MC has no impact on 498a though you may have to pay maintenance after acquittal also.
3. See court to disclose your ITR ,bank statement upon affidavit can order under 91 crpc.
4. See it is not easy though she on reason of travelling and other cases going on there may file before SC a transfer petition.
5. If no evidence and witnesses are also in your favor then court may discharge you.
6. Quashing and trial can go simultaneously though seek stay on trial in quashing.
7. You have to contest the grounds.
Dear
The best way to sort out the matrimonial disputes is through mediation.
If you don't want her to win RCR case you should file divorce case against her. And file a WS with strong objection and grounds that why you want to live with her.
Yes you have to pay maintenance to her even if you get acquitted from 498 A case.
They cannot send letter to your office but you cannot avoid the submission of your income proofs and bank statement.
Yes it is easy for her to transfer the case to her native place through transfer petition in High court or supreme court.
Decision of Discharge petition is completely o. Discretion of court.
1.Yes as RCR Is equally opposite to divorce
2.No
3.They may ask the same under 91 crpc.
Yes you can move discharge
Yes both quashing if both are ready
- As per the information mentioned in the present query, makes it clear that you are in a situation in which you have to act with all precautionary measures, otherwise will meet to one more unwanted litigation.
- No, RCR decree is not mandate on either of the spouse and it does not effect the the outcome of the divorce petition.
- For getting the transfer as per your convenience would be difficult as the law tends towards the women only in transfer cases.
- And you should file quashing petition under article 226 of our Constitution before the Hon’ble High Court.