What is the format of rcr decree given to winner

Browse www.scjudgements.com related to rcr family cases

Inidankanoon vakil no  1 and other sites can also be browesed, if required

@maxx- In the simplest terms -> RCR (Restitution of conjugal rights) is a prayer by a petitioner applied by summon to a court to order the spouse who left her matrimonial duties without sufficient reason.Pls refer to Indiankanoon or https://judis.nic.in/supremecourt/chejudis.asp

thank you all for your replies. actually what i want to know is, if the husband looses the RCR case which is filed by his wife, then does the court order the husband to take the wife back home, or, does the court order the wife to go back and stay with the husband (if she is living seperately at the moment)

The judgement will be based on the prayer that has been made in the petition for the reliefs prayed for.  Thus, if the wife has prayed for a restitution of conjugal life in a separate house or in the same house, if the court has passed a judgment favoring the RCR petitioner, the judgment will contain the contents relating to the petitioner's prayer for the relief sought for.

thank you kalaiselvan sir,  i have now understood the concept of RCR judgement. thank you for your kind reply, i wanted to know, i have already filed for divorce after i received her RCR summons, since RCR case is going on, in a scenario, if i lose the RCR constest case, and if she wins the RCR decree, then, will the following happen:

1) i am already paying maintainence in hma 24 case,. will i have to pay more amount as she has won the RCR case

2) when RCR case is won by the wife,  will i be paying maitaince as well as money periodically for loosing the RCR case? as i have read in the forum, that periodic payment has to be paid to the wife, if she wins the RCR decree and husband refuses to cohabit with her

3) since my divorce case is also running. will my divorce case be dismissed just because she has won her RCR case?

4) since she has also filed Domestic voilence on me after filing RCR case, and now my refusal to cohabit with her because she filed DV on me too, after RCR, will it be reason enough to stay away from her, can RCR still be passed in her favour, after she has filed DV on me, and also alleging threat to her life from me and my family?

1) i am already paying maintenance in hma 24 case,. will i have to pay more amount as she has won the RCR case?

The maintenance amount ordered to be paid u/s 24 of HMA is interim maintenance amount, it is not a permanent alimony, once the case is decided/disposed this facility extinguishes.

2) when RCR case is won by the wife,  will I be paying maitenance as well as money periodically for loosing the RCR case? as i have read in the forum, that periodic payment has to be paid to the wife, if she wins the RCR decree and husband refuses to cohabit with her?

If you refuse to take her back for conjugal life despite she having got a decree from the court on the subject, you may have to pay the maintenance but she has to apply afresh for it.

3) since my divorce case is also running. will my divorce case be dismissed just because she has won her RCR case?

The trial of the divorce case filed by you will be conducted separately, the facts stated therein will be considered on the basis of the pleadings made before the court and the case will be decided on its own merits.

4) since she has also filed Domestic voilence on me after filing RCR case, and now my refusal to cohabit with her because she filed DV on me too, after RCR, will it be reason enough to stay away from her, can RCR still be passed in her favour, after she has filed DV on me, and also alleging threat to her life from me and my family?

It will be your own choice to live with her or not despite she has a decree of RCR.  The impending DV case can be contested on its own merits, this has got nothing to do with the RCR.  Actually, by RCR she is trying to impress the court that she is always willing to live with you but it is you who is not willing to take her back, however, her DV case will contradict her own stand.

@adv kalaiselvan.............good and detailed explanation given to the author. however i would like to add that there exists a unique provision in RCR cases, where property of a person can be attached under Or.21 Rule 32/33 CPC

but i would like to know, since execution of RCR decree is impossible as it is a non executable decree, then howcome the provision is made for attachement, a bit of confusion here.

@adv kalaiselvan and others........thank you all for your kind replies, appreciate your help and advise.....