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376 498a nd other case krdenge kyuki Maine rcr krdi h file


16-Aug-2023 (In Family Law)
Maine rcr file krdi h but I think ki ldki ki side se 498a nd other wrong case krdenge toh ky mujhe jail Jana pdh skta h?? Pls help kyuki adv khete h ki rcr k baad koi bhi case krte h against party toh ye prove hoga ki court ko ghumrah kr rhe h
Answers (5)

Answer #1
656 votes
If you had already sent a notice to your partner under section 9 then the effectiveness of 498a will decrease as you are the one who is calling back your partner in your matrimonial life. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

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Answer #2
908 votes
in any case of 498a the jail is possible only if the police investigation proves it There cannot be jail provision just on the basis of fir under 498a. since I am not aware about the prevailing conditions so just on the basis of the question I can reply this. rcr does not mean that any case post rcr is to mislead the court.
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Answer #3
855 votes
You need to hire expert advocate in this case to understand the true facts and to do correct home work in this regard ! Kindly b in touch ! Though your spouse can file certain cases. We need more information on your case. Kindly b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #4
600 votes
Even if the wife files complaint of 498A, The police officer cannot arrest the accused person if he is cooperating in the investigation process. There is landmark judgement of Hon'ble Supreme Court on this point ( Arnesh Kumar V. State of Bihar). So, You should not worry about the consequences, and proceed with your civil suit. As far as offence under section 376 is conserned, Marital Rape is not an offence under Indian Law if the wife is above 18 years of age.
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Advocate Anupam Pandey

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Answer #5
972 votes
yes its true Akhir tumhe lagta h ki apke against case file kr diya h toh aap Anticipatery bail le le isse koi farak nahi padta ki apne sec 9 already file kiya hua h both r different scenario but esse apko divorce mei help mil shakti h for known further u can contact
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Advocate Rakesh Sah

Adv. Rakesh Sah

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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