Legal Question in Family Law in India

please help its urgent

my husband filled divorce in april ,then on 19 august i filed 498 on him as i did him 600 sms and all bt he dint meet me even once so i complained so now can i file rcr after 498 please help


Asked on 10/13/08, 3:29 pm

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: please help its urgent

yes, u can file RCR even though u have filed 498a. both are distinct and based on different cause of actions. get in touch with a good lawyer.

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Answered on 10/16/08, 4:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: please help its urgent

Sure, you can not only file 498 but also DVA. You are entitled to residence, protection, and alimony, if you are not employed. Besides, in the divorce petition also you are entitled to file an application for litigation expenses and interim maintenance, if you are eligible.

However, the facts provided by you are grossly insufficient to make any effective appropirate opinion.

for a better and well informed opinion, you may provide complete facts of your case preferably in chronological order.

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Answered on 10/13/08, 9:33 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: please help its urgent

Both the proceedings being different you can file RCR.

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Answered on 10/25/08, 11:35 am
Sanjay Shah Shah & Shah

Re: please help its urgent

Yes, you can file a case under section 9 of restitution of conjugal rights, because both the cases of 498 and divorce are on saperate cause of action.

and section 9 petition is a different cause of action.

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Answered on 10/14/08, 3:26 am
G. M. Gupta gmguptaandassociates

Re: please help its urgent

you can file but take care in drafting as ur 498 case may be having contrary facts

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Answered on 10/14/08, 4:55 am


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