Querist :
Anonymous
(Querist) 10 November 2010
This query is : Resolved
dear sir/madam,
please guide me i am willing to file appeal for RCR against my wife to come and join the society of husband but she has filed already false allegations U/s 498a and maintenance claim with d.v. act,
sir i am now considering to file a RCR to get a decree order to court to join the society of husband.
as far as if the court given the in favour of husband with order or direction even after this if wife is not willing to join the husband family. then ........
the question is it possible to file a criminal case against wife for contempt of court ?
Arvind Singh Chauhan
(Expert) 10 November 2010
Contempt proceeding is not tenable. But if the RCR decree is in favor of husband, certainly he would be benefited.
There are lot of case laws that finding of Civil court shall prevail over Criminal court.
adv. rajeev ( rajoo )
(Expert) 10 November 2010
No you cannot file a criminal case against your wife on the basis RCR decree. This is non executable order only it is positive point.
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