LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 October 2013

Exectuion of sec 09 rcr

I had won sec09 RCR on 2 feb 10, wife came before decision on 29 dec 09 and living with me but again without reason she left on 8 jun11 with one month old daughter then we apply for Execution of sec o9 RCR on 22 jan 13 but 22 oct 13 DJ court gave decision that application dismiss because she did followed the order of court? of judges are of prejudice mind in woman side but my question

[1] Is decree passed by cousrt is for one or two year only? and it get fulfulled then we cant do anything.

[2] If she violate or contempt the order of court then no punishment against her.

[3] what should be done now either go to high court aginst decision or sit quietly.

[4] wheather appeal is there or revision and if so then in which court?

please advise if citation for exection is there then give link or suggest from where i can get them.

sec 32 rule 21 CPC there is attachment of property is ther under eXecution of RCR decree punishment we had demanded it but DJ did not pay any attention over this even he force us to withdraw execution case.

please give your views how to proceed....



Learning

 4 Replies

great india (manager)     26 October 2013

1. DJ has foresightedness.
2. what do you wanna prove by rcr.....her desertion......????
3. shes playing with you buddy.
4. rcr can be tackled by ease by females, only if you very sure she wont come , you can opt.
5. she comes, files 498 / dv and goes back n gifts you maintenance orders, whats the use..???
6. think and go for mcd if she not interested....no court can force errant couples tostay together.
7. dont wastte time , energy n money.....DJ  already hinted you.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 October 2013

Originally posted by : great india


1. DJ has foresightedness.

How he has foresightedness ? he just ignore the law. and gave decision while it is clearly mention in CPC what we demanded.


2. what do you wanna prove by rcr.....her desertion......????

Nothing, she herself proved her desertation, by sending us a her lawyers notice.


3. shes playing with you buddy.

Yes she is playing but we are helpless. we cant do except getting visitation of child.


4. rcr can be tackled by ease by females, only if you very sure she wont come , you can opt.

RCR we won in which it is clearly mention she delibrately without cause left husband. she filed 498A after thought, she is not able to prove cruelty against husband and she is orederd to join her husband immediately .


5. she comes, files 498 / dv and goes back n gifts you maintenance orders, whats the use..???

already 498A is running we applied for disscharge but lady judge framed the charges 498A and DP4 only now it is under revision in session's court. she wont/not able to  file maintenance now

one thing i like to mention here that we having decree and SP letter against Investigation officer that she did malicious FIR and she does follow CR.P,C process and that's why she is punished by CRITICISM IN HER CR REPORT.

We produced this in revision documents.


6. think and go for mcd if she not interested....no court can force errant couples tostay together.

She dont want to give MCD she is egoestic she want husband to kneel down, and insulting him at her maximum she said

" aakir jayega khaha aayega to mere pairo ke neeche"

 

7. dont wastte time , energy n money.....DJ  already hinted you.

Understood but as far as 498A is running we have time to do experiment my query here is to get maximum benefit and mind game starts from here only. and being innocent and traped i would like to fight till i get win.

great india (manager)     27 October 2013

1. Why dont you contest a duvorce ob desertion and cruelty....? 2. And non execution of rcr

ANEESH TRIVEDI (ADVOCATE) (Advocate)     27 October 2013

Originally posted by : great india

1. Why dont you contest a duvorce ob desertion and cruelty....?

We are ready to contest divorce we have there ground

a] sec 09 decree

b] desertation more than 2 years

c] flase 498A [ we apply for discharge revision]

 we are waiting for 498A decision, so not going for diovorce,

secondly it is well said that till 498A is on husband never give divorce from his side,

let wife come first bargain/compromise till then her time will lost and society will torture her. almost her mental condition will be distrub by sitting ideal at her parent home. and other sisiter brother they have to face social problems. we are waiting for her side come first either for attack or for compromise , till then 498A will get decide.

if we give her divorce then she is free and may get marry so her strength will be doubled.
2. And non execution of rcr

we applied for non execution of RCR and decision come and thats why this query is arrise, the above said decision come when we applied her non execution of RCR in DJ court ana DJ gave this decision. and this query is for the same second question you asked.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register