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K.P.Nataraj (Trader)     20 September 2023

Divorce and rcr regarding

Respected Sirs,


                      My Son has filed a Divorce case and his wife filed a RCR case.

                     The Divorce case is dismissed and her RCR petition is allowed .

                      As per RCR order (dated 30/06/23) the Court ordered my son to stay

together with his wife.

                      But my Son is not at all interested to stay with his wife  The Separation

is for more than 10  years.

                      My Son so far not preferred any appeal.

                   Since our Lawyer advised not to go for appeal as the case won't be 

decided in our favour, we have not preferred appeal.. But our Lawyer preferred to

file a New divorce case on other grounds.

                    Now I need to clarify on the following matters:

                 a)  Suppose his wife approach the court for Executiion petition, what the

court will do?

                 b) Whether She can file a Contempt of court (not obeying RCR order) case

and ask for punishment (fine, imprisionment etc)?

                 Please clarify.

Thanking You



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     20 September 2023

As per law , a decree of restitution of conjugal rights can be executed by attachment of the respondent's property. - But the execution of the decree of RCR is very difficult, because there is no law , that can compel or force a husband to take back his wife.

If an individual fails to comply, the Court may implement the decree. Under Rule 32(1), the Court may attach the decree holder’s property by selling their property within 6 months. However, when the wife does not own property, which is very prevalent in India, this becomes an issue. Then there is a method to determine her share of the estate of her husband.

1 Like

K.P.Nataraj (Trader)     22 September 2023

Thank you very much TKalaiselvan Sir for your prompt reply

T. Kalaiselvan, Advocate (Advocate)     22 September 2023

You are welcome for your appreciations 

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