Divorce jurisdiction for wife

ashishvidyarthi (Querist) 28 August 2014 This query is : Resolved
Dear experts kindly help in following query.

Husband has obtained RCR decree at matrimonial place.One year of non cohabitation has elapsed after passing of decree. Can the wife get divorce from family court at her parental place or is the jurisdiction retained by court passing RCR decree?

regards ASHISH

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Kiran Kumar (Expert) 28 August 2014
The right to get divorce on the basis of Non-Compliance of RCR decree lies with the person who has obtained decree.

If the wife proceeds to file a Divorce Petition, and the husband is not ready to give divorce then the RCR order could be a good defence.

Rajendra K Goyal (Expert) 28 August 2014
She can file divorce petition at her place, on other grounds.

If husband want to file divorce he should file at the place where RCR decree was given.

ashishvidyarthi (Querist) 28 August 2014
Thanks a lot to kiran and Rajendra sir for your kind help.
For past 6 months I was searching for a judgement where RCR or JS decree was granted to husband at matrimonial place and wife was granted divorce for non cohabitation at her parental place.However I could find none.So I was coming to the conclusion that jurisdiction is retained by the court passing section 9/10 decree for divorce on grounds of no cohabitation for 1 year of passing of RCR or JS decree. Else by simply not complying with RCR decree she can force husband to contest divorce at her parental place though her stay there is in contempt of court till decree is satisfied.Pl give reference to some judgement where matrimonial court grants RCR decree and family court at her parental place grants her divorce for non fullfilment of decree.
I mean shouldn't family court at her parental place ask her to file divorce at the court passing RCR decree or get the decree recorded as satisfied from the court issuing decree under sec 45 CPC .if husband is said to be not taking her back,notwithstanding 2003 amendment of section 19, as till the decree is recorded as satisfied her stay at parental place is in contempt of court.
regards ASHISH