Execution of rcr decree with no property inwife'sname

1. Court who passed the Decree is not powerless to Execute the Decree. Hence in same Court Application for Execution as per Format of the Court can be applied under to pass appropriate relief. However what you are seeking here as relief – remedy here are not available to a Husband. Such relief - remedy are only available to a Wife when such Decree she obtains from Court and Executes against JD (Husband). Get re-checked your facts from your Lawyer once again before proceeding as you will fail in its Execution (property / her salary cannot be attached whether she has or she does not have them is what I am hinting here in case you donot know those and have simply read some Rules in some CPC Book and interpreting as per your own wishes here).

2. Sub-Rule 1 of Rule 33 of Order XXI of the said Code starts with non- obstante clause. Thus, Rule 33 will have overriding effect over the Rule 32.

But Tajobs sir this puts the husband winning rcr decree in soup.If the wife  doesn't respond to husband's requests to join him

she can get divoce after 1 year of passing of decree against her In light of apex court's judgement in dharmendra kumar vs usha kumar 's case"mere noncompliance  to decree or reluctance  to cohabit does not constitute a wrong within the meaning of sec 23".  So if a husband wins rcr against a wife who just wants divorce he may be innocently and in advertently helping her cause by making her eligible for easy and almost sure divorce after 1 year. Is there any legal remedy a husband winning rcr can pursue to ensure that wife  doesn't get divorce by simply not joining back for 1 year?