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Non compliance of rcr decree what legal action can we take


28-Sep-2023 (In Divorce Law)
hello sir/madam I am Hindu by religion. I was married 20 Years ago and due to not make up of mind between both of us I decided to take my child with me to my brother's house for better future of my children. I filed divorce case in district court and after years decree of Section 9 of Hindu marriage act Restitution of conjugal right was passed and i didnt complied with the decree passed and 1 year has been passed now i have risk of Civil Imprisionment and attachment of my property and selling of it by the court. Now my question is what i can do in defence as it was not possible for me to leave with my wife because i wanted to make future of my children so kindly suggest me the defences which are available or any landmark judgment of Supreme curt which says that no property or imprisonment can take place in non compliance of decree passed.
Answers (2)

Answer #1
547 votes
Sir the appropriate remedy would be to challenge the order of restituion before the high court. Secondly if the restitution does not happen within a year of the order than the same becomes a ground for divorce.
Answer #2
717 votes
See for that u have to meet any lawyer who can help u as he can only tell u by seeing ur papers and give u the suggestion as judgment and supreme Court judgement he can help u very well. I know child future was important but this was also important and now immediately u have to find any lawyer.

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