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K.P.Nataraj (Trader)     24 June 2024

Divorce and rcr regarding

Respected Sirs,

                                 My Son has filed a divorce case in the year 2014 and his wife

has filed a RCR case in the year 2014.

                                   The divorce case filed by my Son was dismissed and the RCR

case filed by his Wife was allowed on 30/06/2023.

                                   I heard that while in execution of RCR decree the following 

two steps can be decided:

                    1) the RCR decree holder can ask for execution of the decree to attach

                         the spouse"s property

                     2) The RCR decree holder can file a suit for divorce on the ground that

                          after one year from the date of RCR decree.

                                 Now I want a clarification that who can ask for a divorce after RCR

decree on the ground ( that one year passed from the date of RCR decree).

                        a) whether my Son can file a suit for divorce     (or)

                        b)  whether his Wife can file a suit for divorce.

                                        Please clarify.

Thanking you

 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     24 June 2024

In this situation the RCR order has been passed against the husband so the husband should have initiated steps to offer Conjugal rights as per court order. 

Failing to do so the wife can initiate action as per provisions of law. 

1 Like

Dr. J C Vashista (Advocate )     25 June 2024

Execution of a decree for restitution of conjugal rights is very delicate and impossible issue. However, attachment of property of spouse can be issued but court cannot compel the husband to maintain and resume conjugal rights. 

1 Like

K.P.Nataraj (Trader)     25 June 2024

Respected Kalaiselvan sir and Vashista sir,

     Thank you so much for your replies.

But my main doubt is who can file the suit of

Divorce after one year from the date of RCR

Decree:

     a) by Wife ( the RCR decree holder)

      b) by the Husband (against whom the

           RCR decree was made)

       c) by either ( husband or wife).

Please clarify sir.

Advocate Bhartesh goyal (advocate)     25 June 2024

Wife can file divorce petition , since husband's divorce petition has already been dismissed by court and moreover he is not ready to comply with the order of court so he can't .

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 June 2024

If the husband's efforts to offer restitution of Conjugal rights doesn't fetch any result and she does not respond to his notice to rejoin for more than a year,  then the husband can file a divorce case on this ground alone 

1 Like

P. Venu (Advocate)     28 June 2024

The best only option for the husband (your son) to file appeal against the dismissal of petition for divorce. Please examine.

1 Like

K.P.Satish Kumar (Advocate)     13 July 2024

The son has no right to file for divorce based on the decree of RCR obtained in favour of the wife. Your son has no separate right to file a new divorce petition. He can only appeal in the high court against the divorce and RCR decree granted by the lower court. 

1 Like

Dr. J C Vashista (Advocate )     15 July 2024

It is the decree holder i.e., wife in the instant case, to file a suit for divorce on the ground of desertion.

1 Like

K.P.Nataraj (Trader)     15 July 2024

Respected Sirs, 

 

           Thank you very much for all your 

useful replies which really cleared my doubts.

 


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