Rcr won but wife not returning
Naresh Sakpal
(Querist) 07 February 2014
This query is : Resolved
Dear Sir,
I, husband won RCR one year before. also sent a Reg ad letter to wife to join matrimonial. and also filed RD in court against order.
Now at the same time she filed a 125 case in village which Court ordered to pay amt maint. to wife I filed u/s 127 in the same court which is going on still working and also filed appeal in upper court which is also going on still working
My question is that can I file DV case now. Its already past one year and I have a ground for she not yet returned till one year ( year crossed).
Please suggest me should I go for DV or wait result of Appeal and 127 case.
10 years married, two children with her.
Thanks,
Devajyoti Barman
(Expert) 07 February 2014
DV and you, how?
Husband can not file DV case against wife.
Fight the caes on merit or apply for divorce on non complicance of RCR decree. Once divorced DV would not lie against you.
Rajendra K Goyal
(Expert) 08 February 2014
File divorce case and proceed in other cases against you.
Dr J C Vashista
(Expert) 08 February 2014
a) DV is a part of name of the Act, if fact it is Protection of Women Against Domestic Voilence Act, 2005. The name of Act itself clarifies it is exclusively for the benefit of Women and not vice-versa.
b) Contest your case u/s 127 Cr. PC.
c) File an exection petition for execution of RCR decree to maintain pressure on your wife.
Advocate. Arunagiri
(Expert) 08 February 2014
DV act itself enacted for the benevolent of the women. Male can not be a petitioner under this act.
prabhakar singh
(Expert) 08 February 2014
"My question is that can I file DV case now.?"
No! you can not!
A decree of restitution of conjugal rights is not specifically executable.It may however help in case of a maintenance claim to some extent.May also help seeking divorce.
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
Non returning to matrimonial fold even after an order in RCR case will be a ground for divorce, you can proceed with divorce case after two years from the date of such order in RCR case.
