You can't be compelled to live with her even if she finally goes on to win the RCR case.

At best, non compliance of RCR by you, gives you a ground to her to take divorce from you. This implies that if you do no comply with the RCR decree, after one year of the said non compliance, she can apply for divorce from you.

There's no law that can coerce you to live with her under the same roof. Do not panic.

You cannot be forced to stay with wife against your wishes

2)courts cannot force you to cohabit with your wife if she wins RCR case

You can not be forced to live with her.

Even if she obtains an RCR decree and you do not follow the same she can just go for its execution and nothing more.

For your non compliance higher forum can not be approached by her.

SC has also recently held that the hisband can not be forced to live with a wife

Defend the RCR case on the ground that the same has been filed as an outburst to your divorce case.

Do not worry.

no matter what your wife filed . if your strong in divorce you can get divorce. state in it counter that she is living away from you for the past 2 and half years and suddenly claiming for conjugal rights for acquiring your property and tel she is acting like caring.

According to me at the final stage you have to settle her some amount for divorce

If you didn't obey the court order for maintenance you can be even arrested .. its Ur Dutty to give her maintenance till she marry again and court can attach your property only if she knows the exact details of the property when she came to know by applying certified copy and when she obtained the certified copy she can attach your property in property court and she can claim maintenance stating that you have a property

Hello sir , practically RCR petiton is only a mediation process .. The court cannot force you to stay with your wife .. However it is advisable to file a reply stating the reasons of cruelty , as mentioned in your divorce petiton , of not able to staying with her

1) wife can file application under DV case seek right to stay in matrimonial Home

2) you can offer her alternative accommodation

3) if your divorce petition is dismissed you can file appeal against dismissal order

Since you are the defaulting party, you can't take advantage of your own wrong and apply for divorce on non compliance of rcr decree.

You can file divorce suit on regular ground of cruelty. Irretrievable breaking down of marriage is no ground for filing contested divorce suit.

Hi

You initiated the process of legal separation, so the things in RCR should go in your favour.

Explain you harrassment in RCR reply clearly and deny to live with her .

She would have right to residence only in your property, if you have any transfer it your parents or any other.

Thank You

Sir property is not attached easily in RCR cases, if RCR order comes against you then you can file an appeal before the High Court.

Do not worry and do not panic.

Regards

In a decree of restitution, the party, against whom the decree is passed, cannot be compelled physically to restore cohabitation. A court is not competent to direct that the wife or husband be, bodily handed over to other spouse and restrain him or her of liberty until he or she is willing to render him or her conjugal rights.

The decree in India is used as a stepping stone for getting a decree of divorce under Section 13(1-A) of the Act after the expiry of one year from the date of the decree of restitution of conjugal rights.

Dear User

Noted The contents of your post.

Contest the RCR case filed by your wife. Collate documents / information and establish her bad intentions to harass you (she slept over for 2 ½ hears) and filed the said RCR case as a counter blast to your Divorce case.

Attack her case from grass root level and break her averments which are raised by her in her RCR application, believing that, this is your “LIFE & DEATH” issue.

You need to go ALL OUT and contest her case VERY HARD with supporting documents viz., your communication to her during said separation (telephone call record, any mails, letters if sent by you to her etc., these will come in defence for you).

You only aim and target should be to prove her bad intentions in all possible ways & means.

With regard to followup question:

You will have clarity upon seeing the orders passed in RCR.

Good Luck

Dear Client,

Submit before court all the medicals documents if have n if don't have , get ur self treated for the same, Sleep deprivation.

In one of the recent judgement of Supreme court, it held - Courts cannot force husband to keep wife: SC

Refer link below -

https://timesofindia.indiatimes.com/india/courts-cannot-force-husband-to-keep-wife-sc/articleshow/61803123.cms

Above judgment is deliver in a case, where the husband refused to comply order of lower court of RCR. So, relax,

I can go for higher appeal if she wins RCR. But what if Supreme Court issues judgement in her favour in future. I'm ready to face civil prison and get my property auctioned, but can't live with her anymore. I'm very frightened of her.

In case I get punishment for not obeying RCR decree, can the courts force me to cohabit again?

Since you have filed the divorce case you concentrate on it and try to get a decree in your favor.

You challenge her RCR case properly on the basis of merits and evidences in your side.

Dont think too long so soon.

Even if she wins RCR case and your divorce case is dismissed you can approach appellate court seeking to redress your grievance.

Even if the appeal is dismissed there is no law to force you to live with her agaisnt your wishes and willingness

Your cannot be arrested for not willing to live with a person who you dont like.

Better be in the present instead o imagining the worst scenario of the future which may not occur.

In case my wife executes the RCR decree, per Order 21 Rule 32, court can attach my property for non-compliance. After being punished for non-compliance, will I be eligible to apply for divorce using section 13(1-A)(ii) of the H.M.Act, (or) using "Irretrievable breakdown of marriage" grounds. Or would be be able to file a petition for "right to residence".

Your query relates to an incident that may be possible after several years from now, thus this imagination may occur or not and it not certain, therefore shed away all your fears in this regard and concentrate on the matrimonial dispute for the present and fight the evil that is front of you now.

Dont lose the present opportunity by thinking too much about the blank future or an imaginary thing.