Execution petion of rcr decree

rcr is your case ,its fruitless except for maintenance defence to some extent,
wife can file divorce anytime , its just the grounds that matters....
you will need to contest if you do not agree.....
 

Execution petition can be based on Rule 32 and Rule 33 of Order XXI of CPC.

Hi Ashish you can file it under rule no 32 order XXI and section 47 CPC. You just declare that you do not have any knowledge of any property in her name at present.  You will definitely achieve atleast your objective (b).

You may also refer SC judgement in MP sreevastava case

regards ASHOK

As far as b) is concerned the HMA itself provides that the person presenting petition cannot take advantage of his/her own wrong to get a decree in her favor.  As far as a) is concerned very lengthy arguments have taken place that RCR provision itself is violative of Article 21 of Constitution of India and there are many case laws to that effect.  In my view if there is no property in her name it is not possible to enforce RCR decree by any other method because it is her right to choose between joining you or not joining you. RCR is only a directional decree not an compelling decree.

chandrashekhar sir after apex court judgement in dharmendra kumar vs usha kumari several courts have held that mere disinclination of a spouse to rejoin husband does not constitute a wrong within the meaning of section 23a hma. thats why I feel it necessary to get it officially recorded through execution petition.

I disagree to most of the repliers herein;

1.  The Law relating to execution of decrees is to be found in S(s) 36 to 74, S(s) 82 and 135; and Order XXI of the Code of Civil Procedure as amended.

2. S. 9 HMA is not ultra vires. People who donot know real powers of RCR say so taking side for either spouse. In my opinion RCR is a strong hand grenade in hands of either spouse for various contentious issues.

3. Reference to Context you need re-phrasing your prayer. Try sitting with a seasoned petition writer failing which sit and Chamber discuss re-phrasing with a seasoned Advocate. it will not cost you a bomb just to execute rephrasing based on either hints !

Thanks Tajobs sir for giving RCR its due place on this forum. It was long overdue.

 regards ASHOK