Rcr decree implementation

shahid hussain (Querist) 17 September 2014 This query is : Resolved
Sir
My sister got notice of RCR decree implementation from court submitted by my brother in law who got the RCR decree.What to do kindly suggest.As she does not want to join the company.KIndly reply.Thanks

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ROHIT SHARMA (Expert) 17 September 2014
1. Your sister can refuse to co-habit with her husband despite the r.c.r. decree only that she will not be eligible for to claim maintenance.

2. She can file a divorce petition based upon the actual grounds as to why she is not willing to co-habit with her husband.

shahid hussain (Querist) 17 September 2014
Thanks.But will there be any property attachment issue.

Devajyoti Barman (Expert) 17 September 2014
Yes, since decree is passed the court can attached her property/salary if the decree is not implemented.

Challenge the decree in higher court as the court is likely to execute the decree.

Devajyoti Barman (Expert) 17 September 2014
Suit for divorce would not save her from execution proceeding.

shahid hussain (Querist) 17 September 2014
Can we challenge now the rcr decree after one year of issue in high court. Thanks

Rajendra K Goyal (Expert) 17 September 2014
If acceptable reason for condo nation of delay exist you can challenge. Consult local lawyer.

V R SHROFF (Expert) 17 September 2014
simply Keep Quite..
RCR decre cannot be executed.

it create grd for div pet.

Devajyoti Barman (Expert) 17 September 2014
One year delay is unlikely to be condoned.

ajay sethi (Expert) 17 September 2014
wife cant be forced to stay with husband . if she refuses husband can file for divorce after 1 year . wife can challenge the decree if she so desires . explain reasons why no appeal was filed earlier

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