R C R and DV act

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution.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

However, if the decree of restitution of conjugal right is not honoured for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce 

Many thanks Prakashji

In other words, the petitioner can extend the  R C R and file divorce. But is it possible that  non compliance with the decree due to the fact that the defendent is abroad , could be used as a ground for forcing entry of the petitioner in defendent's home. This is the constant fear expressed by the client. He fears that while he is abroad , the  petitioner would try and force her entry in the parentral home of defendent.. Can she do this using DV Act : Force entry in petitioners home.

Actually ,  defendent  alleges that he called his wife , after she left  his home for her parentral home. Petitioner refused to return for almost 2 years  and now claims that no such letters were written at all , whereas defendent claims he can show all proof ( recorded evidence and letters ) that petitionor was called .

Should the defendent be advised to return back and file a seperate divorce based on cruelty

or challenge this R C R or just take passive approach and do nothing.

Many thanks

Prashant