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Salil Kumar Adv   16 February 2024

How can a restitution of Conjugal rights order can be executed ?

A Court has ordered restitution of conjugal rights in favour of the petitioner. But the respondant has not complied with the order.
how such an order can be executed against the respondant ?
Salil Kumar P


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     16 February 2024

 In case if wife does not comply with RCR orders you can file Execution Petition (EP) for implementation of the orders. Even after file the EP if she does not comply and join you after one year from service, you can move application for Divorce.

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor.

Dr. J C Vashista (Advocate )     17 February 2024

File an execution petition before jurisdictional court.

However, it is very difficult (rather impossible) to compel a judgment debtor / spouse to stay togather with partner/decree holder despite the fact that Trial Court has passed decree for restitution of conjugal rights of petitioner. 

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