Conjugal rights
Satya nand aggarwal
(Querist) 19 May 2014
This query is : Resolved
Married women file a suit under section 9 of hindu marriage act for restitution of conjugal rights, but husband do not want to take her back, suit ultimately decreed. My query is
1. Husband can apply for divorce after one year of a decree on the ground of said decree passed against him and wife still can refuse to give a divorce. This decree against him can be benefited to him or not.
2. If wife do not want divorce at any stage wether she should file Suit for conjugal rights or not.
V R SHROFF
(Expert) 19 May 2014
BOTH CASES, IT WON'T BE CONSIDERED. irrelevant.
1. rcr filed by wife. H cannot take advantage of it
2. wife already filed rcr & got decree;
why will she file rcr again??
clarify ur query..
ajay sethi
(Expert) 19 May 2014
wife can refuse to give him divorce . wife already has RCR decree she dosent need same decree again
Rajendra K Goyal
(Expert) 20 May 2014
Wife filed RCR and got decree, she can refuse divorce.
No need to file again RCR by wife.
Biswanath Roy
(Expert) 20 May 2014
Decree of RCR definitely create impact upon Divorce.
T. Kalaiselvan, Advocate
(Expert) 20 May 2014
A RCR decree is in favor of wife. The husband's petition for divorce may not be considered for this reason alone. I f the wife is not willing to give divorce at any stage, she has to properly challenge the divorce case during the trial.
Raj Kumar Makkad
(Expert) 20 May 2014
If decree of restitution of conjugal rights has not been implemented till next 2 years as per Order 32 Rule 21 of CPC then either of the parties to the petition can file for the decree of divorce and the court is bound in that event to pass a decree for divorce.
Satya nand aggarwal
(Querist) 21 May 2014
My respectful colleagues,with due respect to all of you , if you see
Minutely ,There is a difference of opinion in between all of you.
May I humbly request you to study bit more and tell me?
Firstly if wife get a decree of RCR and decree is not executed , there is no provision which can force you to live with spouse, In that case husband can get a divorce on the ground of decree of rcr or not . Actually wife does not want to give divorce and want to live with her husband.
Second question wether the wife should file a suit for rcr or not as per circumstances mentioned above?
Please spare some time for it
Devajyoti Barman
(Expert) 21 May 2014
yes, husband can apply for divorce after one year from the date of passing of decree on the ground of non-compliance of RCR decree.
Read section 13( 1-A) of HMA to remove your your doubt, if any.
Biswanath Roy
(Expert) 21 May 2014
It is obvious that the Advocate of the wife shall execute the decree in time. Even then refusal of RCR shall create impact upon the question of Divorce. Because the court will be in favor of the wife and mentally against the mischief like Divorce.
Satya nand aggarwal
(Querist) 22 May 2014
Dear Barman As per Section 13 of HMA the wording as given below ie[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] How rcr decree in favour of wife can be useful to husband when he file a suit for divorce as he will be the petitioner and the wife will be the respondent. As per section 13 he must be deserted by the respondent.But decree in favour of wife of rcr must not be helpful husband in my view.
Please through some more light on this point & explain.I agree with Mr Roy at th is juncture.
Satya nand aggarwal
(Querist) 22 May 2014
Dear Barman As per Section 13 of HMA the wording as given below ie[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] How rcr decree in favour of wife can be useful to husband when he file a suit for divorce as he will be the petitioner and the wife will be the respondent. As per section 13 he must be deserted by the respondent.But decree in favour of wife of rcr must not be helpful husband in my view.
Please through some more light on this point & explain.I agree with Mr Roy in case in hand.
Devajyoti Barman
(Expert) 22 May 2014
you have read the wrong section, read what I have suggested above.
Satya nand aggarwal
(Querist) 22 May 2014
Mr Barman , yes your very much right .as per 7[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
My point is if wife never refuse to stay away and file execution of rcr , still this section will apply or not.
Devajyoti Barman
(Expert) 22 May 2014
No, then it does not apply unless it is proved that wife never tries to comply with the decree during the first one year of passing of decree.
The execution of RCR has no value unless it is made with one year of passing of decree.
Biswanath Roy
(Expert) 22 May 2014
Almost a similar case was referred to me for opinion. In that case the wife filed a case u/s. 498A IPC against husband and all other members of in laws family , one DV case against them and filed maintenence case.She also filed RCR because she was driven out from matrimonial house. The wife got decree in RCR case and said decree was executed in time From local enquiry by IO allegation of SEC.498A was established, wife also established her allegations in DV case . Under such circumstances Divorce case filed by the husband failed.
Satya nand aggarwal
(Querist) 23 May 2014
Thanks a lot for apprising me with the situation , so nice of you .My enquiry is complete.Thanks once again to all of you .
ajay sethi
(Expert) 23 May 2014
thanks for your appreciation
