Legal Question in Family Law in India
Seeking help for making strategy?
I will be grateful if anyone advises me on the following situation:
Ex-parte order passed on RCR (S.9 of Hindu Law) in favour of husband. Execution of decree filed under order 21 rules 32 of CPC mentioned in tabular statement by the attachment of 50% salary monthly salary of the judgment debtor till the compliance of the impugned order.
Decree passed on 29.07.2009 and communicated through speed post along with a request letter to comply the decree. Father of the judgment debtor received and signed on acknowledgement card. As per O.5 & R.15 of CPC it is valid service. But JD denied it.
1. Judgment debtor denied the fact that she had received the ex-parte order from the decree holder. Rather after receipt of the showcause notice through post she applied for certified copy and claimed that the 1st time she comes to know about the said decree.
2. Judgment debtor in reply of showcause made false allegation like decree holder obstructed to enter into her matrimonial home so police assistance is required. Finally in prayer portion stated that she wants to comply the decree and therefore the instant proceeding should be dropped.
3. Surprising the Judgment debtor and her advocate outside of the Court threaten the decree holder to agree for divorce on mutual consent otherwise severe consequences will face the husband and his family members followed by bundle of cases and jail etc.
Kindly advise me at such situation what strategy will be appropriate on next date which is fixed for hearing.
1 Answer from Attorneys
even if the decree for restitution of conjugal rights is passed in your favour, you cannot compel her to stay with you. this decree can be made a ground for denial of maintenance but cannot be executed to the extent of forcing your wife to stay with you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
