How to get rid of 498/406 case
Since me and my wife living separately from last 4 month in between we also gone through many patch up meting but things couldn't work out.
Then my lawyer send polite legal notice to my wife to come back ,we live happy life ,marriage is not for broken, it will difficult once get separated.
But she on reply clamming so many false allegation on me I have affair ask for dowery,asking sthridhan, and threating me filling 498/406 case on me.
I have never had any affair,im still ready to accept her in which situation she is living.
Im preparing to reply her each paragraph though my advocate. pls advice
My advocate advice if possible we will file RCA and if she filled any case then we get a bail ( Pls let me know the cots for RCA petition /AB if get arrested)
Pls guide im really in trouble need your expert view on this.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
1) you should deny all allegations made in legal notice .
2) mention that no dowry was demanded and you want a reconciliation and not a divorce
3) RCR is useless . you cannot force your wife to stay with you even if you obtain a divorce decree
4) you have to obtain AB if false case is filed
5) legal fees vary depending upon lawyer engaged by you
You can go to file RcR. Prepare ur mind if she dont want to love with u anymore not court cam forefully order her to live with u.
U can take Ab after she press charges against u and may be it is chances she can also include ur family.
U have to return stridhan then ur bail can be granted easily.
You have to stick on to your version of restitution conjugal rights. Better to file an Restituion of Conjugal Right case as early as possible before concerned family court. Give counter reply to reply by para vise remarks with clear facts. If any dowry case registered obtain anticipatory bail
first of all don need to be get so upset. well first of all no need to send any polite legal notice or any notice
to her. once clear with your thoughts what do you want to do. because in my point of view if your wife is threatening you that she file 406/498 she is separated from you from past 4 months so if she wants to do she needs to be stay with you and but as she is separated so how can she blame you.
i will advice you to go to the local police station and meet with your area concerned S.S.P or local commissioner of police and write an complaint that your wife is threatening you. then next step is involve his family ask first them to get divorce with mutual consent. you can also file an complaint in magistrate court about wrong allegations that your wife is claiming on you and she is blackmailing you.
no need to Cary this kind of relation where she is not trusting you and not respecting this relationship.
if you want to reply by para wise just email me that notice which your advocate sent to her.
and lastly no need to file RCA because if any chance she file any case anticipatory bail can be filed.
first you just contact her family members ask them what they want. and inform all these allegations are not true and she is harassing you and blackmailing you.
if you need any more advice you can can ask me anytime.
If an accusation has been levelled then it is just and appropriate that a reply should be tendered to deny it. Filing RCR is the right move in such circumstances where the wife has abandoned matrimonial home without just cause. It shows your bona fides/
RCA/ RCR case will be beneficial for you to get sympathy of court and getting bail.
The cost is depend on the lawyer of your choice.
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Advocate, New Delhi
The advocate fee for RCR as well as AB cannot be predicted.
It depends on the advocates who you would like to engage which involves many aspects.
Firstly, be aware that whether you file RCR case or divorce case, if she has decided to take revenge she may certainly lodge criminal complaint with the police on some false allegations
So you can decide the course of action to be initiated accordingly.