Can RCR be filed if domestic violence case is pending in court

I have a false 498a case registered against me.Recently the case moved to court where I had my first hearing.I have been now advised to file a case asking for return of my wife. I am advised that since the 498a is a false allegation , in such cases the wife does not return and filing case for wife's return will also help you in your 498a case .is this true?? I am bit confused here ,request you people to please clarify on how to proceed

Answers (2)

299 votes

You can proceed with section 9 proceedings for restitution. They are unconnected. You Have to prove the false intention by cross examination, before the court. Documentary evidences also help. Go to a lawyer

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92 votes

Since 498 A is already filed and pending before the court for trial , it is not fair to file for restitution of conjugal right before family court for return of your wife, any way this will not give you any support to 498 A or divorce case, it clearly shows your are not interested in continuing marriage - opposite advocate will take it before the court showing your clear mind, so contest the matter before the court get yourself acquitted and file for defamation case before the court. Don't file multiplicity of proceedings.

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