• If I file RCR first, can my wife file 498a same time

My wife has left 6 months ago ,and now she visited police station and police called me to police stations,they saying FIR is not registered ,
What should I do ?should I file RCR?
Asked 4 years ago in Family Law
Religion: Muslim

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

Rcr cannot help you if she says that you have assaulted her and perpetrated domestic violence and cruelty. Therefore go and attend along with a lawyer and tell them your side of the story.

If she is adamant and lodges an fir take anticipatory bail.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No need to file RCR . It is useless 

 

2) even if you get decree you cannot force wife to stay with you 

 

3) you can issue wife legal notice to return to her matrimonial home as she left 6 months back and inspite of repeated requests has refused to return 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes, it will be a defense of your good faith and intention to cohabit with her. But it is also very important to take Anticipatory bail as soon as she registers FIR.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

  1. if you want to remain in the matrimonial relationship, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court, and also apply and obtain anticipatory bail.

and,

  1. if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

 

file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie.

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

RCR and FIR are no way related to each other.

First do not be scared of FIR.  It is not in your hand.  Anybody can file FIR against you. 

Go to police station. See the charges levelled against you. If false deny all such charges. 

Chances of being arrested is very less because of latest SC judgements in this regard. 

Even if police arrest you apply for bail. Bail is granted in most cases. 

If FIR is registered and moved to court,  defend your case by engaging criminal lawyer. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. You may file RCR if you want her to resume cohabitation.

2. Filing of RCR does not in any manner preclude her from filing 498A.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

RCR & 498-A are two independent proceedings.  She can file.

Even if RCR is filed and subsequently you win it, it cannot be executed i.e., court will not force her to stay with you.

Better option is to issue notice to her asking her to come back and join matrimonial house and lead matrimonial life with you, failing  which, you can file for divorce.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Filing RCR by you for the sake of escaping the rigor of 498a IPC is not advisable. 

The RCR will not come for your rescue. 

You attend the police station accompanied by a lawyer and then apply for AB. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

See at this stage she has filed complaint you should appear before police and try settling the issue and keeping facts of your side before police. 

Filing RCR by you doesn't prevent your wife from filing 498a she can still file a FIR against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Both may filed at the same time as the parties are opposite to each other.

You need to visit the mediation call by police if there could be some compromise.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

One of the common mistakes most 498a victims do is they go the police station not knowing that 498a is already filed. As soon as they walk in, they get arrested. So, better, send your lawyer to find the details. We have heard that bribing the police to get info about FIR works well. As soon as the FIR is registered, go underground and apply for Anticipatory Bail. Going underground doesn't harm your case.

Yes, you can file RCR.

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

  1. she can file any case as she likes
  2. this RCR will dilute the seriousness of her cases
  3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes she can file 498A there is no bar. RCR and 498A FIR has no connection

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

 You can file RCR and also get anticipatory bail and it can be obtained before filing FIR.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

First attend police hearing and check her version of complain. IF she is claiming that you had deserted her than offer her same time to come with you.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

If she is not ready and threatening to file false cases then you will have to take legal steps after thinking your decision as to whether you want to live with her or without her.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes you can file RCR petition.

2. FIR will not be registered by police without counselling sessions between husband and wife. This process can take around two months.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No she can't file 498A case after 6 months as it may be false allegations and all story about it.

 

You can tell the police to arrange women cell meeting with both of you. and get counselling there.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer