Divorce and rcr regarding

In this situation the RCR order has been passed against the husband so the husband should have initiated steps to offer Conjugal rights as per court order. 

Failing to do so the wife can initiate action as per provisions of law. 

Execution of a decree for restitution of conjugal rights is very delicate and impossible issue. However, attachment of property of spouse can be issued but court cannot compel the husband to maintain and resume conjugal rights. 

Respected Kalaiselvan sir and Vashista sir,

     Thank you so much for your replies.

But my main doubt is who can file the suit of

Divorce after one year from the date of RCR

Decree:

     a) by Wife ( the RCR decree holder)

      b) by the Husband (against whom the

           RCR decree was made)

       c) by either ( husband or wife).

Please clarify sir.

Wife can file divorce petition , since husband's divorce petition has already been dismissed by court and moreover he is not ready to comply with the order of court so he can't .

If the husband's efforts to offer restitution of Conjugal rights doesn't fetch any result and she does not respond to his notice to rejoin for more than a year,  then the husband can file a divorce case on this ground alone 

The best only option for the husband (your son) to file appeal against the dismissal of petition for divorce. Please examine.

The son has no right to file for divorce based on the decree of RCR obtained in favour of the wife. Your son has no separate right to file a new divorce petition. He can only appeal in the high court against the divorce and RCR decree granted by the lower court. 

It is the decree holder i.e., wife in the instant case, to file a suit for divorce on the ground of desertion.

Respected Sirs, 

           Thank you very much for all your 

useful replies which really cleared my doubts.

you are welcome for your understanding