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naren (Consulltant)     08 December 2012

Rcr by wife

Please help me in understanding the provision of RCR in following scenario:

The wife filed RCR and husband is not willing to live with her. Reconciliation is not an option for husband as wife did various acts of mental cruelty. What if the court pass RCR order in favour of wife. During their married life of few months, mostly they live aborad where husband work and for sometime in house which is in name of husband's mother. Husband has another house which has been given on rent even before marriage took place and they never lived in that house.

Please suggest how RCR order can be used by wife to her advantage.


 14 Replies

HK_Jain... (498a Fighter)     08 December 2012

Let It be ex-partee.

naren (Consulltant)     08 December 2012

I want to understand the provision/consequnces of RCR order passed in favour of wife in above case when husband is not willing to live with her and RCR is filed by wife.

HK_Jain... (498a Fighter)     08 December 2012

If you do not proceed her RCR then she would get frustated as you are not willing to live with her. Then she will file on Divorce on that ground, then its somewhat easy to handle than RCR.

naren (Consulltant)     08 December 2012

Thanks Mr Jain for your quick reply but my doubts are still same and query is still there.

She is not ready for divorce as I fulfilled all responsibilities of a husband and she did all acts of a devil woman. Are you trying to say that court is so stupid that it pass some order and not following it doesn't have any consequences.

Anyways, my specific query is what are the consequences if court pass RCR order. There must be some advantage of RCR if passed in her favour and she must get some rights if I refused to live with her even after court's order. Please tell me the legal implications.

victim (master)     08 December 2012

No, if she dont want divorce then with that RCR decree in her favour she can ask court for attachment of your property and salary.


so go to court and prove that its due to her behaviour peace not possible. Further you can add few conditions tactfully for which she will not agree and will withdraw rcr.


Through reference hire a good lawyer ASAP.

Msk-need -nuetral- laws (self)     08 December 2012

If any consequence I think of is, it is easy for her claims towards alimony and maintenance. If she gets decree in her favor and if you dont join her, I think i read somewhere after a year she will get divorce based on that. In such case you will not get any leniency from court for maintenance claim. This is only a opinion, I differ from other in a opinion that you should refrain attending court. It is always better to attend court and put your views, which is a record.

: Not legal or expert opinion, it is common man opinion

arun (staff)     08 December 2012

As  you said that wife did many acts of mental cruelty to husband. Then you have to prove it to court and you can submit to court such cruelty done by wife with wilful intention of grabing husband's property. secondly whether during short married life there  were any conjugal relations ever established. if you succeed in proving tthat there were no conjugal relations then your case will be strong in proving her ulterior motive of grabing husband's property.

naren (Consulltant)     08 December 2012

Thanks Victim, Arun & Mani.

I will attend court and fight the case. I am confident to prove that seaparation is because of her bad behaviour but have doubts about biased laws and also biased attitute of judiciary.The marriage was consumated.

I did read about attachment of property of matrimonial home if its in name of husband. The property we lived in is in my mother's name. The proprety which is in my name, we never lived in. I will highly appreciate if someone can throw light on attachment of property and salary.

victim (master)     08 December 2012


victim (master)     08 December 2012



in above mentioned link read tajobsindia's reply (point 7)




naren (Consulltant)     08 December 2012

Thanks victim for your help and especially the link. I read various threads on RCR on this site but haven't read this one.


However, I am still not sure in what scenario wife can seek sale of husband's self acquired property. I believe if husband refuse to give maintenace and a separate accomodation. I tried many blogs but still not sure what kind of orders are passed in RCR cases and how wife can used them to their advantage.

ANAMIKA VICHARE (LAWYER)     08 December 2012

Your wife has filed RCR....but you can file the Divorce petn immdlty fthat is your right conferred by law upon you if you say that she done cruel things....

only worrying does not serve any prupsoe...

do not pl let her get ex-parte decree...

she might execute it....by sending you to jail

there is provision in CPC

you file immdlty divorce ptn...put strong pleadings with truth

further, if she gets ex-parte decree of RCR...

and do not resume cohabitation...

then she has to wait for 2 years and then she can file divorce petn..which will take total 4-5 yeras minimum

further decree of RCR in her favour would mean permanent alimony/house whatever to be given to her....



For further advice being confidential and cannot be made public for  somebody might take disadvantage of the same…

Pl email me


Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee



sanjeev pawar (service)     08 December 2012

dear madam, with reference to your previous reply to naren, i differ with the opinion given by you that she might execute it....by sending you to jail

there is provision in CPC


as far as my knowledge exists, the courts cannot force any person to cohabit with the other person, nor the person can be sent to jail. RCR is a non executable decree,  hope other Ld members of the forum agree with me on this

naren (Consulltant)     08 December 2012

Thanks Sanjeev. I also understand that jail is not a possibility in RCR case though I am still not fully clear what RCR order can be and what can be the consequnces of not complying it. I mean if non compliance can result only in maintenance, there are other direct provision 24-25 HMA, CRPC125 etc which deals with maintenance. So how different RCR non compliance is from maintenance sections.

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