Husband filed RCR against wife, with the acceptance of wife the RCR was allowed. Wife went to her matrimonial home to join back husband for leading a conjugal life. To the surprise the husband and her in-laws did not allowed in to their house, but kept her in store room, at night they physically attacked her. Wife lodged a complaint in the local police where they directed to woman PS, after counselling(which got failed) as per the procedure they lodged 498A case forwarded to criminal (mahila) court where charge has been created. The case is pending in court and the summons are issued to the husband and his parents. Meanwhile in City Court (Family court) where the RCR is filed, the wife has filed contempt petition against the husband(as he disobeyed the court order) as IA. As the RCR is allowed in favour of husband, the wife is not in a position to excute the decree, hence filed contempt petition. Husband is taking advantage of his own wrong as per sec 23(1)(A) of Hindu Marriage Act, 1956.The case is presently going on, next hearing is on 23rd Aug for arguments from the wife's side. Need a expert advice, whether contempt petition is maintenable in the city court. What is the remedy available to the wife?
what powers available to suboridnate court in respect to contempt petition especially in family matters lile RCR
Yes contempt petition is maintenable because husband and his family attacked wife after taking her to home after orders of RCR petition. But she should have filed the application in the court from which RCR decree was granted to husband.
She can tender FIR in the court to prove that husband and in-laws attack on her.
In execution of the RCR decree you can file a execution application whereby the property of your spouse can be attached. ...
After one year of passing of decree if spouse does not come back then a fresh proceeding can be filed for divorce on non compliance of RCR decree
But under no conditions, the court can force the erring spouse to consummate the marriage.
You cannot force spouse to stay with you inspite of decree of RCR
No contempt of court will be made out against this.
There are judgments no court can direct any person to live with other person. It is violation of Article 14 and 31 of Indian Constitution.
There are number of judgments on this point.
Contempt is not maintainable
1. First of all no case for contempt arises here and hence the case is non maintainable.
2. You will have to rather file execution proceeding wherein the court in execution of the decree can attach the property and salary of husband .
3. So without delay withdraw the misconceived contempt petition and file an execution case.
Thank you Mr. Devajyoti Barman. As per your answer point no. 3 to file an execution petition, can judgement debtor file a execution petition. Is RCR an executable decree?
you can seek attachment of property in execution proceedings
Hi
In case if wife does not comply with RCR orders you can file Execution Petition (EP) for implementation of the orders.
Even after file the EP if she does not comply and join you after one year from service, you can move application for Divorce.
No court can force or for that matter any one can for a person to do an act which is against his / her will.
No contempt lies in your case.
Finally the other cases filed by her will also be effected.
No, only decree holder can apply for execution proceeding.
The judgement debtor can though send written communication for readiness to comply with the order.
A contempt is will disobedience of the court's orders. Now the rcr was filed by the husband and he got an order in his favour. The wife went but she was allegedly attacked by the husband and his family members.
How can this be contempt. He obtained a favourable order.
Regards
Yes contempt will be maintainable as he did abide the order of the court and harassed the wife.
You can file execution petition, Non complying of RCR order, dose not violates court order, hence no contempt. Law is clear that spouse Can’t Be Punished For Contempt For Failing To Live With The Other,
In my opinion the contempt of court petition may not be maintainable because she has not filed the main petition seeking any relief, she submitted to the decree as prayed for by the petitioner/husband.
The petitioner had taken her to his home hence the RCR petition stands closed
The subsequent developments in this case may not come under contempt of court, but since you have already chosen that route, you may go to the end and see what court is deciding.
The courts have powers to initiate legal action against the contemnor if in the opinion of the court the respondent has committed an act of contempt of court.
It is the burden of the petitioner to prove the same before the court to convince the court of the said action by the respondent.
There is no relief for the respondent/judgment debtor by filing an execution petition.
You have not approached the court with any relief neither the decree was in your favor hence therfe is no question of you executing the decree, but based on the non-compliance you may file a divorce decree on the grounds of cruelty for which this will be substantial evidence.