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manu (advocate)     21 February 2010

restitution of conjugal rights


wat if wife refuses to get back to her husband even after the direction of the court? wat is the next course of action?


 9 Replies

Suchitra. S (Advocate)     21 February 2010

There is no punishment to a wife for not obeyong Court orders. What else can be done if she doesnt want to live with her husband? He should ask the Court for divorce. RCR is the intermediatory procedure before going for divorce.


I agree with Ms. Suchitra's opinion.  If the direction is formal in nature without going to the merits of the case, nothing can be done.  If the direction is the final order in RCR petition, then the husband, after one year of passing of the order and if the wife has not complied with the order, can file divorce petition under Section 13 (1A) (ii) for decree of divorce.


In fact decree for restitution of conjugal right is one of the very few decree which cannot be executed by any coercive power.

Manjinder Singh Brar (Advocate)     21 February 2010

After waiting for one year, husband can seek divorce. The decree for restitution of conjugal rights can't be executed if the other party is not witlling.

Hardik Mehta (Family Counsellor)     21 February 2010


What do you want to do? If you want to take the divorce then you need to apply for the divorce after the completion of 1 year of RCR decree. In that case the divorce will not take time.

Arvind Singh Chauhan (advocate)     21 February 2010

I agree with all above opinions.

Arvind Singh Chauhan (advocate)     21 February 2010

I agree with all above opinions.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     22 February 2010

I also go with the opinion of all experts expressed above.

MISS.ATRI SHEE (ADVOCATE)     22 February 2010

Can a petition which was previously filed under sec.9 of the HINDU MARRIAGE ACT,1955 be subsequently  converted into a petition under sec.13B of the same ACT ?? Can anyone help me out with suitable recent citations??

Please it's a bit urgent!!

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