Rcr and divorce

@Shailendra,You filed RCR and it turned ex parte. This itself is ground for getting divorce.WIFE REFUSING TO COHABIT. GET a divorce decree based on RCR turning ex parte.Once you get a decree you will be on safer ground.

She filed divorce ,not heeding to the RCR exparte proceedings leads credence to the fact  that  she does not want to live with you but are contemplating on monetary grounds (DV) .

DV case will be weakened with your RCR ex -parte  decree and further weakened by her applying divorce.

Till how many years you have not cohabited ? Is it from 2009 ?

She may well go in the court and put all baseless allegations in the DV case. All needs to be proved.

@Gautam Kapoor 

Sir this means that if she does not want to live with you so need to give divorce, i think there should be some liability of no obeying decree of RCR. Also what is the process of executing the decree of RCR

Based on this expartee decree of RCR  her application for Interim-relief was dismissed. Further whats is the proceeding of getting this RCR decree executed from court.

Will it have impact on proceedings of divorce instigated by her in family court udaipur.
Does RCR decree will enable me to get her divorce application dismissed ?

regards

Hi friends, can someone lay down the exact process of eecuting RCR decree ( Ex-partee ) against Divorce proceeding and DV by my wife.

I need exact formalites and pre-requisites to execute this decree and the benifit of executing secree apart from getting divorce,

Matter is most urgent and i need to execute as divorce proceedng i in critical stage i.e. cross examination in divorce proceedings of my wife and my father-in-law is complete.....

Regards

Talk to your lawyer.

Shailendra,you are on a stonger ground virtue of your RCR.You can file a execution petition for RCR to try to enforce the order but you still cannot force her to stay with you.The court cannot force her to stay with you as well.

Her interim maintenance,DV,maintenance may be weakened virtue of your RCR.I do not see any point in you trying to enforce the decree.

.RCR decree will not be the basis of dismissing her divorce decree.She may provide false allegations in divorce,DV to prove the reason why she does not want to stay with you.

@Gautam Kapoor 

Sir, i know that no court can force her to stay with me, even with the execution of RCR, but i heard that these days court asks to pay heavy pnality for not obeying RCR decree. She is in government job in gujrat and recently she has taken a Flat probably on loan.

So if we apply execution is it possible that court attaches the property even if they dont attach salary.

Regarding the possibilities of alleging me falsely in Divorce and DV, i think she cannot escalate from initial averments of her petitionsin the two cases.

Also there she will have to defend the execution of the decree, the only thing what i am afraid of the proceedings through the court that why decree was not executed since 2010. Its the only reason i have placed this query that what is process of execution if RCR decree and that to when its ex-partee. LEt me mention here she has admitted in court about the decree that she knew the proceedings of RCR she knew when it became ex-partee also she knew that there was an order against her. So its not more an ex-partee decree which could be easily set-aside. Now i am quite surprised that one family court says you can restitute the conjugal life with your wife and another court says that no you have seperate from your wife and both are the family courts one at udaipur another one is at Kota

meanwhile this RCR and divorce discussion is over i have think for perjury and Dowry prohibition act section 3 and maintenance of list of gifts to bride and bridegroom

Execution is done normally within a year but should be done at the earliest. Max time limit is 12 years..

@gautam kapoor,

Sir please help me in knowing the exact process of executing the decree as its a ex=partee decree passed in year 2010. Also its ex-partee what pre-requisites i need to check before i get it executed. Also what could be the peanlty and fine for not accepting from my wives side.

regards

now you need to revert back to the lawyer who filed/drafted your RCR regarding its implemenation.

LAST REPLY

Thanks gautam sir !!!