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fighting back (exec)     16 December 2012

Rcr in favour of wife, can she force herself in my house

Dear members,

pls advice, wife files RCR, husband files divorce, wife files for sec 125

what could the possible consequeces be:
 

if the wife wins RCR, can she forcefully enter my parents home? i am staying with my parents, i am willing to take a rented house for her, but can afford to keep her with my parents, she is now with her parents, but after winning RCR i fear she might forcefully come in my parents house 

Can she file DV for accomodation?

now that she has filed for sec 125, and if maintainece order passed, and i start paying maintainence, will the court still attach my property?

if maintainaince is being paid. will my property be still attached and sold off by the court, if no, how long will the property be attached to the court.

can  i tell the court that since now i am paying the maintainence and also seperate accomodation for her ( though she has not yet asked for it) i dont want to live her, please dont force me to live with her, 

pls advice members. thanks

At any  cost i dont want to live with her, so what is the best possible remedy for me?



Learning

 8 Replies


(Guest)

Don't allow her .

HK_Jain... (498a Fighter)     16 December 2012

Originally posted by : rajanjoshi

if the wife wins RCR, can she forcefully enter my parents home? i am staying with my parents, i am willing to take a rented house for her, but can afford to keep her with my parents, she is now with her parents, but after winning RCR i fear she might forcefully come in my parents house 

Court can not force you to stay with a wife, not against your will.

Can she file DV for accomodation?

Yes, why not

now that she has filed for sec 125, and if maintainece order passed, and i start paying maintainence, will the court still attach my property?

No, why court do so, if you are paying.

if maintainaince is being paid. will my property be still attached and sold off by the court, if no, how long will the property be attached to the court.

Never

can  i tell the court that since now i am paying the maintainence and also seperate accomodation for her ( though she has not yet asked for it) i dont want to live her, please dont force me to live with her, 

Yes, anytime

At any  cost i dont want to live with her, so what is the best possible remedy for me?

Fight on merit. File for Divorce..

Hemant

1 Like

Rahul Kapoor (Legal Enthusiast)     17 December 2012

hello,

file for the divorce and if she gets decree of RCR and if it is not possible to co habit again within a year then that itself will become the ground for divorce.

fighting back (exec)     17 December 2012

@HK Jain....sir, what i have read, is that, to enforce the decree of RCR, the court attaches the property/salary of the person, is this true??

if yes, if maintainence is being paid, then why attach the properties/salaries as well, ? also since the it is a non executable decree, why does the court coerce someone by attachments?

thanks........

fighting back (exec)     17 December 2012

@rahul kapoor, sir. i have already filed for divorce,  i just want to know the worst case scenario that will take place just in case i loose my RCR case..

HK_Jain... (498a Fighter)     17 December 2012

Originally posted by : rajanjoshi


@HK Jain....sir, what i have read, is that, to enforce the decree of RCR, the court attaches the property/salary of the person, is this true??

 It happens when you did not present your version before court.It happens in case of expartee.Thats why we should not be ignored RCR, just fight RCR.

if yes, if maintainence is being paid, then why attach the properties/salaries as well, ? also since the it is a non executable decree, why does the court coerce someone by attachments?

In expartee, court generally do so.

thanks........

Goutam Prasad (Advocate)     17 December 2012

If even after RCR order, one does not obey the same, it get next to impossible for getting it executed. In such cases normally, other party gets right for divorce.

However, in worst circumstances if the decree holder is so adament, he or she can file application for civil imprisonment after paying cost of imprisonment. In that case maximum three months imprisonment can be possible.

https://aegisjurist.com

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rajiv_lodha (zz)     17 December 2012

Make one thing clear......though there are legal cases b/w u, she is free to move into ur house even now. No law is preventing her 2 do so. effectice deterrant is CIVIL INJUNCTION. If house is self purchased property of th eparents they shud immediately get CIVIL INJUNCTION.

Regarding RCR do not worry. Enter into a slow fight......& remember, u can waste many yrs in vaious appeals too


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