What next to section 9 of hm act?
Suresh Babu Rai
(Querist) 04 August 2015
This query is : Resolved
Court has passed a judgement and decree in favor of the husband/petitioner in petition under restitution of conjugal rights. Court also pleased to furnish the certified copies of judgement and decree. In spite of decree, the wife/respondent neither has joined the petitioner respecting the decree nor has preferred any appeal. Appeal time also lapsed.
What next to the decree sir? Thank you one and all!
Suresh Babu Rai
(Querist) 04 August 2015
My client don't want to divorce his wife. He always wants his wife back.
M/s. Y-not legal services
(Expert) 04 August 2015
court may grant decree.. but court can not compel anybody to reunion or divorce..
so there is no other way but to convince her. but if your friend turned to file a divorce mean then she can not contest the case.
Rajendra K Goyal
(Expert) 04 August 2015
In such a case RCR is a toothless decree.
SAINATH DEVALLA
(Expert) 05 August 2015
Filing of RCR is only an interim relief for the petitioner,for the already broken marriage.RCR is only to live physically in the marital home,but broken hearts cannot be repaired.
Husband not interested in giving divorce,but wife reluctant to unite.Whatever are the reasons for the separation,better act wisely before other sections of law surface,which may create an uncongenial atmosphere for husband's family.
Suresh Babu Rai
(Querist) 06 August 2015
Can I go for an Execution Petition (EP), praying the court to execute the decree against the husband. Thank you!
SAINATH DEVALLA
(Expert) 06 August 2015
U R saying the court has granted decree to husband regarding RCR,but why should U go for an EP against the husband?
Execution petition can be based on Rule 32 and Rule 33 of Order XXI of CPC.
