She can go for execution of the RCR decree as per CPC provision.
Upon execution and/or cohabitation, the maintenance decree shall be infructuous and on this ground you can get the Maintenance order cancelled by the awarding court.
RCR Decree and Execution
Dear Experts, I filed for divorce 2 years back and my wife filed RCR immediately. Due to hectic schedule, I couldn't attend the case hearings. As a result, my divorce petition has been dismissed, and she got the RCR decree last month. Note that I'm already paying the maintenance (CrPC 125) for the last 1-1/2 years duly. What exactly can she do with the RCR decree? If she wishes to execute the decree, will O21 R32 or R33 still work in her favor although I'm paying the maintenance amount duly?
Asked 6 years ago in Family Law
Religion: Hindu
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15 Answers
RCR decree can be executed via attachment of property standing in your name
- She got the RCR decree in her favour, it means , the Court has passed order to cohabit , and further on this ground a Divorce can not filed against her
- As per law , a decree of restitution of conjugal rights can be executed by attachment of the respondent's property.
- But the execution of the decree of RCR is very difficult, because there is no law , that can compel or force a husband to take back his wife. Further, no Court can force co- habitation between a couple.
Do they have the power to attach my bank account, deposits as well. Or only immovables)? Thanks, everyone for the responses.
Asked 6 years ago
By attachment of any property both immovable and movable.
Firstly immovable property and in the absence of property in your name , your bank account may be attatched deposits as well.
- Better challenge the said decree in higher court , and try to settle the matter amicably.
Your bank account etc can be attached in execution of decree
See even on RCR decree she cannot force you to cohabit , there is no execution of the RCR decree. If you fail to cohabit she can just take divorce.
In case you fail to pay maintenance the court may order to attach the property and bank accounts.
Only if you don't pay maintenance it will be attached. If you don't want to stay with her the decree can't be executed. You need to appeal for divorce case
If the husband fails to comply with maintenance order the court can pass arrest warrant against husband.further court can attach husbands property and can recover the amount from husband property.
It is about two peoples thoughts and conscience and law cannot compel one to reunite. However she is on better footing as she has been declared flawless and you are bound to rectify.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Dear Sir,
RCR is not executable . no court can compel cohabitation .but if she does not bey it gives strong ground for divorce
No execution of RCR Decree is possible .
As mentioned by you there is no time limit possible also.
Suggestion is to wait for 1 year from the date of RCR decree and file for divorce.
Restitution of conjugal rights is a useless thing to apply for because she cannot force someone to live with her against their will. Even if on paper you win the RCR petition, it's an empty order because you cannot enforce the same (technically you can, but what's the point).
Yes she can file Execution for RCR decree under Order XXI rule 33.
Court can order attachment of your properties and account for execution of RCR decree.
As far as CR decree is concerned the HMA itself provides that the person presenting petition cannot take advantage of his/her own wrong to get a decree in her favor. As far as the respondent case is concerned very lengthy arguments have taken place that RCR provision itself is violative of Article 21 of Constitution of India and there are many case laws to that effect. In my view it is not possible to enforce RCR decree by any other method because it is your right to choose between joining her or not joining her.. RCR is only a directional decree not an compelling decree.
She may try to attach your immovable property if he has any knowledge of the same under order XXI rule 32.