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Maintenancevictim (Own)     05 September 2016

Rcr related query

Hi I won RCR against my wife last October. Subsequently I filed execution petition against my wife when she didn't join me within 2 months as ordered in RCR judgement. Now, every month i have to go for hearing, judge asks her if she is willing to join, she says no and then judge gives another date. How will this end? Judge says he will just close the case and he is not keen on property attachment

We both have a 8 year old son. He is currently with her. I have applied for his custody. Meanywile, is there any provision in RCR where i can request the judge to hand me over my son if wife is not willing to join me ? Or atleast ask for son's opinion and see whether he can continue with my wife or wants to join me? Can i claim thins under relief if RCR Execution is not adhered to?



Learning

 4 Replies

A walk alone (-)     05 September 2016

You can file custody case for your son. execution petition file by you is only wastage of time. No one can force her to live with you. Your RCR decision can help you in divorce. Instead of wasting time on her file custody and divorce . As your son is above 5 years you can try for custody.

saravanan s (legal advisor)     05 September 2016

If she doesn't join you for a year then you can claim divorce based on that.also she won't be entitled to claim maintenance but you would be needed to give your child.You can file a case under gwa to get your child custody

Nitish Banka (lawyer)     06 September 2016

let rcr fail, apply for divorce and custody

Sachin (N.A)     06 September 2016

In RCR you can only ask for visitation rights and not custody. You need to file Guardianship and ward act case. Here also firstly court will give you visitation rights and then custody case will be move forward.


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