Restitution of conjugal rights
kumar
(Querist) 04 July 2012
This query is : Resolved
Respected Experts,
Wife has filed 498A , DVC & Maintenance at her District court and Husband has filed RCR to join him in his District Family Court,
Family Court at Husband's place has passed Order and Decree:
1.Directing the respondent(wife) to join the petitioner(Husband)with in 2 months from the date of the order.
2.that there shall be no order as to costs.
My Question is :* what Happens when wife does Not Join husband with in 2 months,what actions Husband can take ?
* what are the advantages and benefits of RCR to the Husband in this regard?
please explain
ajay sethi
(Expert) 04 July 2012
husband can merely request wife to join him as per court order . but husband cannot force his wife to join him .
if inspite of court orders wife refuses to join husband can file for divorce . a wife who refuses to live with her husband without just cause cannot claim maintenance
Adv Archana Deshmukh
(Expert) 05 July 2012
Nobody can be compelled to cohabit through an order of the court. If the wife does not come for cohabitation in spite of the RCR decree, the husband can file for divorce after one year of the decree.
JANAK RAJ VATSA
(Expert) 05 July 2012
it will facilitate the prayer for divorce by the husband after defeat of the rcr decree