in Criminal Law Family Law
Asked October 05, 2017

Effect of non-compliance of RCR

  • 1 Answer

A false 498A case has been filed on me and my parents a year before, under misguidance of her parents, right now I am fighting it on my merits, I want to bring my wife back & don't want to get separated from her ever, so I am thinking of filling RCR . So what should I do? And also want to know that if RCR decree is awarded to me, and then for the said period of 1 year after getting the decree in my favour, she does not come to stay with me. Does this becomes a ground for my wife to file a divorce case , the non-compliance of RCR ?

Answer 1

Courts only have the right to direct RCR but not to execute the same. Hence, in case of non-compliance of RCR your wife cannot be compelled to live with you. However, it can be a ground for you to seek divorce. You being the aggreived party, in case of an award in your favour, would have the right to seek divorce on this ground. However, your wife may seek divorce on other relevant grounds and the RCR would not prevent her from doing so. 

Agree Comment 0 Agrees over 4 years ago

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