Section 9 of Hindu marriage act. (RCR)

Querist : Anonymous (Querist) 19 July 2010 This query is : Resolved
Que.1.Expiry of one year from the date of Order of RCR and their is no Co-habitation their after,in such a case can either of the parties move application for Divorce or only Judgement debtors only has the right to move divorce application?

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A V Vishal (Expert) 19 July 2010
What is a judgement debtor under the marriage act?

If after the order of RCR there is no response from the opposite party you can file for divorce proceedings.

Querist : Anonymous (Querist) 19 July 2010
Let me correct myself suppose wife is supposed to join the husband as per Order u/s9 but Order is not obeyed , does that gives wife also the right to file for Divorce u/s 13(ix)(1-A)(ii) or only Husband can only file for Divorce u/s 13(ix)(1-A)(ii).

adv. rajeev ( rajoo ) (Expert) 19 July 2010
Anybody can move for divorce.

B K Raghavendra Rao (Expert) 19 July 2010
One of the parties can move for divorce.

Raj Kumar Makkad (Expert) 19 July 2010
Either of the parties can move divorce petition. Question is only non-prformance of co-habitation within one year of passing the judgment in RCR petition and not who had filed it. Petitioner and respondent both or either of them can file divorce petition after one year.

Devajyoti Barman (Expert) 19 July 2010
Yes certainly the wife can file for divorce but if it was because of her that the co habitaion was not possible then she could not do so.

Rajeev kulshreshtha (Expert) 19 July 2010
In this case the conduct of one party is not according to order of RCR.In this case the defaulter party can't get benefit of own wrong and can't file petition for divorce in above mentioned section.

s.subramanian (Expert) 23 July 2010
either party can move for divorce.

M/s. Y-not legal services (Expert) 04 December 2010
Husband or wife any one can file a petition for divorce..

M/s. Y-not legal services (Expert) 04 December 2010
Restitution of conjugal rights petition is a formal petition.. A court can't direct anybody to live together with his or her spouse. A land mark judgement is available for this issues. Its called as PARVATHY case..

Advocate. Arunagiri (Expert) 04 December 2010
You can not file an EP for the RCR order. So divorce is the only option. It can be filed by either party or by mutual consent.

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