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Shailendra K Jain (Self)     16 February 2014

Merits of rcr in divorce proceeding


I am facing Divorce proceedings by my wife in her hometown. She was working before marriage and still working since our marrriage in feb 2009, I have ex-partee decree of RCR in my favour since sept 2009 and she has said under oath that she knew the proceedings of RCR, and know the ex-partee decree since december 2009 and didnot challenged the decree.

Now my Divorce is under trial and i wish if i can ask court to execute the decree to restore my conjugal life. But the decree is from Family court in my home town and divorce is pending in her home town. So Family court in her home town wll consider the decree to be executed and stop the proceedings of Divorce. She does not have any evidences and prima facie except the statements on affidavit, Also She is working in different state apart from the the proceedings in her home town.

Will court consider that she is accused of deserting her husband as evident from the disobeying the decree of RCR. Also standing order of one court cannot be challenged by similar court in divorce proceedings.

How to proceed with the merits of RCR ...will it help in getting divorce proceedings in my favour ?


 7 Replies

Biswanath Roy (Advocate)     16 February 2014

Yes, in Divorce case your innocence and  good gesture will be proved..

T. Kalaiselvan, Advocate (Advocate)     17 February 2014

You can always produce the certified copies of the RCR case and the exparte decree obtained in the family court in your jurisdiction and contest the case at her place by marking this copy as your side evidence.  If you want to execute the decree, you have to file in the same court the decree was ordered.

Kapil Gupta (Advocate)     08 March 2014

Dear client, you should produce the documents of that in the court and contend that she had the knowledge of RCR decree. It's the violation of law the the same matter(fully or substantially) be tried at two different places. The RCR and the divorce cannot be simultaneously. 

For more help, you can contact me on my e-amil id or my mobile.

           Thank you.


Shailendra K Jain (Self)     27 May 2014

dear sir(s), My wfe has lost the interim relief application after four years in DV cae on 11th March 2014. I have ex-partee decree issued on 2nd august 2014. Apart from DV case she initiated Divorce proceedings in 2014 after knowing that RCR proccedings have gone ex-partee. She has admitted that she has the knowledge of RCR case and decree in her cross examination in divorce procedings. She has no materialistic or documentary evidence of any type of cruelity. only statements on affidavit where there are several contracdictory statements when we compare original petition, counter reply petition, Affidavit and cross examination, which can be used to instigate perjury proceedings against her. Nowi am unable to decide despite of several legal advices so i am posting on this blog. My querries are as following :

1. What is the right time of filing perjury ?

2. what is the right time to execute the Decree of RCR, and necessary steps before applying the execution of RCR .... ?

3. will pendency of DV and divorce effect the execution of Decree of RCR, because if i send the notice of obeying the decree of RCR she will definitely disobey ?

4. Will execution of RCR ?

5. Can Family court hearing the trail of Divorce proceeding will overlook decree of RCR telling that reliefs are different ?

6. could  ex-partee decree be set-aside though she has accepted that she knew the pendency of RCR and decree both and she didnot do anything as She accepted about this in proceedings of RCR ?

i am very much confused and need a solution to move further, taking legal advice for opinion has disabled me to proceed into a particular direction about the stages f train in two cases viz. DV and divorce and merits of ex-partee RCR decree.

Solomon Raju (Advocate High Court of A.P.)     29 May 2014

Dear Shailendra,

Though you have legal provisions in statutes, it is practically impossible to execute a RCR decree against a woman..Please do not waste your precious time for the one who is not willing to join you..Even if she is sent to you by force will she join you for conjugal life within four walls...NO court can compel that...Think in a matured manner and leave such people and start a new life afresh..This might be a little tough time for you but you shall withstand from all these troubles..Open your eyes and realize that she is nothing but an ordinary woman like every other lady...Try to get someone who loves you and will never leave...

Just enquire with a local advocate whether it is possible to execute RCR decree against a woman. There are supreme court judgments that you cannot compel someone to live with other...

Shailendra K Jain (Self)     31 May 2014

@solomon raju Dear sir, You are rigth no one can compel women who intend to harass men despite of legal provisions. Its true that peoplehave belief and advice that you should spare women for their evil deeds. I have heard people saying that you should think for giving divorce to a wife who intends to spoil your life.

But have you ever thought that this has become a acceptable trend by men to accept the torture to them in the name of saving time and money. In my case they didnot spend a single penny, they didnot even had attitude to cohabit rather they had plans to extort money. They applied all sort of means to extort and they couldnot. I have decided i have only harassment and extortion to face because my ancestor men and the fellow men decide t bent on kneels once a women enofrces something in the name of misuse of legal provisions. So  I m facing the same...but have you ever thought that whwre we are heading upto...these types of women should be taught a lesson rather then bowing our heads before then despite of very rational and humble. Shamelessly everyone thinks that execution of RCR is to bring the wise back and shamelessly they say that its the decision of supreme court favouring women, but their are decisions where supreme court says their shoudl be heavy penalties for not abiding the decrees which is being told by various people. Surprisingly no body knws where are those decisions. This is a wonder how men has accepted the slavery of women and teaching a lesson that no women will join if she does not wish and refer to decision of the supreme court who has belied men is born beast through the womb of women. I myself fell that i will fight the complete case despite of torture from advocates .....who think that by not helping client will enable them to spinn more money. I had opes but was certainly shattered by your post. Anyways until we have men who have accepted to make the life of men in India Miserable because of their feminist preference men have to commit suicide and hence suicide rate of married young men is elevating. So further if the process of execution of RCR was asked, the proper answer would have been appreciated by me rather then criticising that no women could be forced to stay with her husband.

If you have this process just let me know ...or else i keep on trying and digging the process of law. Sorry for anything which appeared offensive to you but that was not personal ..it was rather practical,


Shailendra K Jain (Self)     22 April 2015

In my RCR decree there is no time limitation, can some one tell that what is the time limitation of executing a RCR decree. My decree was passed in 2nd august 2010, is it possible to execute the decree.

Also she filed the petition for divorce after RCR became ex-partee in july 2010 in a different family court.

now divorce is at final stage. Can i ask the court to execute the decree in family court.

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