Legal Question in Family Law in India

498A and RCR

Dear Sir

My wife had left me 9 months back and I had applied for RCR. When she threathened me of false dowry harrasment case and and life threat I put A Non-complaint to commisiner and my local police station. Later she was called for an enquiry at my police station and her statment was recorded in writing along with her father.

She told that she has left her husband due to harrasemnt towards her and she would decide as per her elders decision or else what court decides

Later 1 week later she applied 498A and 506 on me at her station.

I got AB and I am out right now

My question is she has not mentioned any dowry demand when called for enquiry at my station and to take revenge on me that i gave complaint on her she has put 498A on me.

Is puting a NC on my wife after RCR when I received threatening from her is wrong?

Please suggest what is wrong in this approach. If I had not put Nc she would not put 498A and only RCR case would had be running.

How will the NC help me in proving her allegations are false


Asked on 11/03/08, 2:13 am

3 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: 498A and RCR

Pet reply cannot be given in the perspective of information you have provided. Matter will be decided by the court depending on several factors.

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Answered on 11/03/08, 4:31 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498A and RCR

Duplicate question already replied.

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Answered on 11/06/08, 5:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498A and RCR

The matter will go to trial and the case will depend upon evidence produced by the parties in court. The case registered by you will be one piece of evidence that may be appreciated in your favour by the court. However, it may not absolve you of the charges u/s 498-A or DVA.

You should make all possible efforts to get the matter compromised out of court by amicable settlement and avoid litigation which will be very expensive and time consuming. The result of litigation is uncertain depending upon several factors. Again, try for an out of court settlement of the dispute by mediation / concilliation.

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Answered on 11/03/08, 3:06 am


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