RCR
saleem javid
(Querist) 27 June 2011
This query is : Resolved
Can a court ORDER the wife to go and live with husband and sons (11 and 13 yrs) if she has left the matrimonial home without genuine reason. When the husband is now taking care all alone of the sons in their studies and other activities and husband wants the wife to return immediately, and if wife is not willing, can she seek more counsellings and time? Can the court "ORDER" the wife to leave her parents home and return to her matrimonial home immediately to look after the sons needs? PLEASE ADVISE
Amit Minocha
(Expert) 27 June 2011
Court can order but it would be after trial of the entire case and not immediate
saleem javid
(Querist) 27 June 2011
thanks, what if i argue that the children's studies are getting affected. What if she tells the court to let them come and live with her in her parents home which is 25 kms away from their school and my home? the children have been telling her to come and live in our house but she would not budge. it is 4 months now since she left, and now the children have started to hate her.
Ravikant Soni
(Expert) 27 June 2011
No, A court can not bound a wife by such order, still court may pass a decree of RCR. But this decree can not be executed against wife.
However it might be a ground for divorce that the time of one year elapsed despite decree of RCR and yet wife is not interested in re-cohabitation and failed to comply with the decree of RCR. (HINDU MARRIAGE ACT sec 13[1]ix)
SANJAY DIXIT
(Expert) 27 June 2011
YES, I agree with Mr Ravikant.
A Court may decree your case of RCR but can't bound a wife by such order.
It may be a ground for divorce after a certain period as prescribed in law.
valentine thakkar
(Expert) 28 June 2011
No court can grant RCR against the wish of the spouse. It is against personal liberty and therefore against the Constitution. Such a decree will be a paper decree without force.
