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ashishvidyarthi (engineer)     17 April 2013

Execution petion of rcr decree

Ld. experts kindly help in following query. I have section 9 hma decree in my favour.My wife does not have any property or bank a/c in her name. I want to file execution petition in family court which passed this decree 5 months back. I want to make following prayer to the hon'ble court " a)To take necessary steps for execution of decree. b) In case she refuses to come back to declare her responsible for non satisfaction of decree so that she may not be able to file divorce petition after 1 year of passing of decree". Pl. guide me as to under which section(s) of CPC is such a petition admissible.


 9 Replies

shriks........... (healyhcare)     19 April 2013

rcr is your case ,its fruitless except for maintenance defence to some extent,
wife can file divorce anytime , its just the grounds that matters....
you will need to contest if you do not agree.....

Anjuru Chandra Sekhar (Advocate )     20 April 2013

Execution petition can be based on Rule 32 and Rule 33 of Order XXI of CPC.

ashishvidyarthi (engineer)     20 April 2013

Chandrashekhar sir rule32 order XXI mentions that property of spouse not obeying rcr decree may be attached.Now when I don't know about any property in her name will execution petition still be admissible under this rule? regards ASHISH

ashoksrivastava (scientist)     23 April 2013

Hi Ashish you can file it under rule no 32 order XXI and section 47 CPC. You just declare that you do not have any knowledge of any property in her name at present.  You will definitely achieve atleast your objective (b).

You may also refer SC judgement in MP sreevastava case

regards ASHOK

Anjuru Chandra Sekhar (Advocate )     27 April 2013

As far as b) is concerned the HMA itself provides that the person presenting petition cannot take advantage of his/her own wrong to get a decree in her favor.  As far as a) is concerned very lengthy arguments have taken place that RCR provision itself is violative of Article 21 of Constitution of India and there are many case laws to that effect.  In my view if there is no property in her name it is not possible to enforce RCR decree by any other method because it is her right to choose between joining you or not joining you. RCR is only a directional decree not an compelling decree.

1 Like

ashishvidyarthi (engineer)     27 April 2013

chandrashekhar sir after apex court judgement in dharmendra kumar vs usha kumari several courts have held that mere disinclination of a spouse to rejoin husband does not constitute a wrong within the meaning of section 23a hma. thats why I feel it necessary to get it officially recorded through execution petition.

ashoksrivastava (scientist)     27 April 2013

I disagree with @chandrashekhar. SC in Smt Sarojrani vs sudarshankumar chadha have ruled that section 9HMA is not violative of article 14 or 21 quoting from the same judgement"3. Section 9 of the Act is not violative of Article 14 or Article 21 of the Constitution if the purpose of the decree for restitution of conjugal rights in the said Act is understood in its proper perspective and if the method of execution in cases of disobedience is kept in view. [315 G] T. Sareetha v. Venkata Subbaiah, A.I.R. 1983 Andhra Pradesh page 356, over-ruled."
regards ASHOK

Tajobsindia (Senior Partner )     28 April 2013

I disagree to most of the repliers herein;


1.  The Law relating to execution of decrees is to be found in S(s) 36 to 74, S(s) 82 and 135; and Order XXI of the Code of Civil Procedure as amended.

2. S. 9 HMA is not ultra vires. People who donot know real powers of RCR say so taking side for either spouse. In my opinion RCR is a strong hand grenade in hands of either spouse for various contentious issues.

3. Reference to Context you need re-phrasing your prayer. Try sitting with a seasoned petition writer failing which sit and Chamber discuss re-phrasing with a seasoned Advocate. it will not cost you a bomb just to execute rephrasing based on either hints !

2 Like

ashoksrivastava (scientist)     28 April 2013

Thanks Tajobs sir for giving RCR its due place on this forum. It was long overdue.

 regards ASHOK

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