Maintenancevictim (Own) 19 March 2016

Execution petition in rcr

I won RCR against my wife in Oct 2015. FC judgement instructed my wife to join back her matrimonial home within 2 months. I tried to convince her but she didnt agree. In the first week of March 2016, I approached the FC with an Execution Petition for RCR. Judge initially accepted but returned it this week. When i went to the court he is asking me why did i wait for 5 months when his order asked my wife to join in 2 months? He returned my EP again. I told him that if he doesnt want to allow my EP, he should reject it and i will approach HC against his rejection order. He asked me to present my arguments next week.

Can you please confirm if there is any time frame for applying EP in RCR? My understanding is that there is no timelimit. Any judgements/ links will be helpful

TIA

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4 Replies

sandykrish (Interested in Family LAW) 19 March 2016

Yes, from the time of judgement you have wait for at least 1 year for enforcing the EP. This will definitely be rejected on the grounds of technicality. Going to HC is waste of money and time. Since your wife has or will be not be starting the conjugal relationship you can rest assured that you will get divorce on the grounds of dessertions. If you need any help on this send a PM with your #

Sandeep Naik (Advocate) 19 March 2016

U cannot enforce it as she has her independent wish. There are Supreme Court judgments

fighting back (exec) 19 March 2016

completely agree with experts with their views. the court cannot force the other spouse to join. however this RCR can also be used as a weightage in your maintainence case, RCR has a lot effect on the maintainence cases. if she doesnt join you, then it is already proved that she has deserted you unwillingly, due to which you can be saved from maintainence. use the judgement wisely. instead of running around for execution. file for divorce and be a free bird.

Maintenancevictim (Own) 20 March 2016

Hi all

Thanks for oyur responses. The clarification i wanted is if there is any time limit for filing EP. Reg maintenance, when i filed RCR wife filed CrPC 125 in the same court. FC judge gave judgement on the same day where he awarded RCR to me and maintenance to wife. I have already approached HC against the maintenance order. I am filing EP as a way to prove to HC that i tried everything possible to get her back and thus weaken her MC case.