Filed RCR by Husband after wife registering 498A case
3 years ago
Hi Sir/Madam,
My wife willingly went her home town as she was pregnant(I have all the proofs on same) but after she went to her home town she filed a 3,4DPA,34, 498AIPC cases against me & my family. I really felt weird & after knowing about cases then lawyer suggested me to file a RCR. So have filed it 40days back & got a number from court last week.
I have got a 41A notice from PS & my wife was not ready to come to Police station also. So Police said that, we are sending case details to court as your wife is not interested to stay with you.
Now my questions are:
1. When can my RCR petition, first hearing can happen? Or what is maximum time period to get first hearing?
2. After RCR numbering, I have not received any Message/EMail from court about RCR number but my lawyer was telling that, number already came for your RCR case & he gave some number XX/2020. So please suggest me, whether it can happen like that with getting any info to party.
3. After receiving 41A notice, when can first hearing can happen about 498A case, is there any time period Or no one knows due to this pandemic situation?
Please suggest me & do needful
Thanks,
SaiRam
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
'1] As per the court registry the notice of RCR shall be processed to your wife and once she received that notice then the court will give a date of first hearing, there is no time bound it is totally administrative work of the court which is delayed due to covid in all the courts
2] once you get a RCR number you can check the details online about the status of your case
3] notice is only to enquire you and get your statement against the complaint by your wife there is no stipulated time for that it depends on the police
My answers are as follows:
1. When can my RCR petition, first hearing can happen? Or what is maximum time period to get first hearing?
Ans: There is no maximum or minimum period to dispose cases before the Court it is duty of your advocate to request the Court to expedite the matter.
2. After RCR numbering, I have not received any Message/EMail from court about RCR number but my lawyer was telling that, number already came for your RCR case & he gave some number XX/2020. So please suggest me, whether it can happen like that with getting any info to party.
Ans: You have to approach the concerned section in the Court and enquire since it is a COVID period Courts are conducting the cases very slowly.
3. After receiving 41A notice, when can first hearing can happen about 498A case, is there any time period Or no one knows due to this pandemic situation?
Ans: It all depends upon wish of the IO and you may go for quashing of FIR to the High Court and get stay in respect of ongoing investigation.
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Suneel Moudgil
Responded 3 years ago
2. you can check with the ecourts website or app about your case,
3. you will be called by the police to join the investigations, the police may recover the wife's items from your house,
after completing the process the police will produce you in the Court, the procedure may take time due to pandemic