Is execution of rcr decree essential for filing of divorce o

execution of RCR  decree is not necessary for filing divorce but can cause problem if  decree is ex parte when u fille divorce because judgment debtor can file setting aside of ex parte decree under order 9 rule 13 of cpc with plea of  date knowledge  i.e came to know ex parte decree when he/she received the summons of divorce

so if contested one then no need to file execution

only decree holder can use RCR decree for filing divirce and not the decree / judgment debtor because one can not take the benefit of her/ his own wrong.

I disagree with siranjeet in light of apex court judgement in case of dharmendra kumar vs usha kumar on 19th aug 1977

Anyway sec 13 hma confers right to file divorce petition after 1 year of no restitution to both parties i.e  person in whose favour decree has been passed as well as against whom it has been passed. this was amended in 1964 perhaps earlier it was open only to person in whose favour decree was granted.

ashoksrivastava said,

"Anyway sec 13 hma confers right to file divorce petition after 1 year of no restitution to both parties i.e  person in whose favour decree has been passed as well as against whom it has been passed. this was amended in 1964 perhaps earlier it was open only to person in whose favour decree was granted"

may be right and i might had read old judgment

I do not know about whether EXECUTION PETITION IS MUST OR NOT IN POST-RCR SCENE, but one thing is sure, the respondent cannot take advantage of this non-execution of decree

Rajivji I wish that you are right but the judgement attached suggest differently.