Execution of RCR section 9 is mandatory?
achiever
(Querist) 29 April 2018
This query is : Resolved
Wife filled 498a, 125, section 12DV act. I filled RCR and got ex parte order against her, it has been more than 4-5 months.
1.Can I now file section 13 or I should go for execution of RCR. I am fed up with my wife and her false allegations.
2.Someone suggested attaching the wife's property ? I didn't get that? What is it?
3.Also can decree of RCR help me in any type of others pending cases.Please suggest.thanks!
Vijay Raj Mahajan
(Expert) 29 April 2018
Wait for one year of passing the decree of RCR and if the wife not resuming conjugal relationship, file for the divorce on this ground and even use other grounds of desertion of two years or more and cruelty to get dissolution of marriage by decree of divorce u/s 13 Hindu Marriage Act,1955.
The execution of section 9 HMA can be by attaching the property of wife but that will not make her forcibly come and resume conjugal relationship. The Supreme Court of India very recently held that wife is not chattel that can be forcible made to come to you.
Dr J C Vashista
(Expert) 30 April 2018
@ Achiever,
This is purely your personal decision, which can not be influenced by legal experts, say, what is there in your mind. Whether you want to continue your relation with her or sever it? Whether your intention is to give her a legal lesson or you are serious. Whether she is supportive, dominating or submissive? Whether your family/ relatives and/or friends do support your version?
Remember no one can compel another (spouse) to stay together, if you have been suggested or advised to seek execution of decree u/s 9 HMA, 1955.
Your lawyer is the best person to advise you properly and proceed as per circumstances, have faith in him/her. However, if you have lost faith change him/her immediately but do not depend upon FREE CONSULTANCY through this platform, which is bound to differ due to various factors such as limited information/facts posted by you, your intentions (concealed by you), experience and mood of a particular respondent/expert etc.etc.
Be fair and frank to yourself and proceed.
Dr J C Vashista
(Expert) 30 April 2018
@ Achiever,
Despite the fact you have concealed your identity, which is basic rule of this platform, you are obliged by experts, be grateful.
Sudhir Kumar, Advocate
(Expert) 30 April 2018
One side your say
"Can I now file section 13 or I should go for execution of RCR."
"I am fed up with my wife and her false allegations"
first decide what you want.
Sudhir Kumar, Advocate
(Expert) 30 April 2018
wife alleges dowry related torture and started living separately. She is not obliged to undergo torture even if you have RCR.
Sudhir Kumar, Advocate
(Expert) 30 April 2018
please clear it
whether RCR application from your side was first and whether 498a application from her side was first.
Sudhir Kumar, Advocate
(Expert) 30 April 2018
http://www.lawyersclubindia.com/experts/What-should-I-adopt-general-or-speedy-trial-679841.asp
is this same case?
Ms.Usha Kapoor
(Expert) 06 July 2018
I agree with Vijay Raj and sudhir Kumar's views.
Ms.Usha Kapoor
(Expert) 07 July 2018
I agree with Vijay Raj Mahajan and Sushir Kumar's views.
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with Vijay Raj and Sudhir Kumar views.
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with Vijay Raj and Sudhir Kumar views.
