Wife has refused to live with husband even after decree of restitution of conjugal rights passed by the family court. The wife has been living separately from husband since 2012. I (husband) tried to reconciliate the dispute and in order to do so met with the in-laws at many occasions. But they are not willing to settle the dispute. Wife is very arrogant and has been living with parents. She is only child and handling the business of her father. She has also filed a case under section 125 of the code of criminal procedure for maintenance. I am a teacher in middle school. My parents are very old, and they are dependent upon me.
When I saw that wife is not willing to return her matrimonial home and resume cohabitation with husband, then I filed a civil suit in 2015 for the restitution of conjugal rights. She appeared in that civil suit but did not take active part. The suit has been decreed by the family court in 2021. Wife has the information of the decree of the court but even the decree of the court she refused to live with husband. In the present scenario I am helpless. My wife wants maintenance from me and without it, she has no heed to me. Maintenance case is also reached at the advance stage.
Asked from: Uttar Pradesh
Your wife has no valid reason to live separately. She was aware of the court’s decree, yet she remains unwilling to cohabit with you or fulfill her marital obligations. Her conduct clearly indicates that she has deserted you and is not inclined to resume the marital relationship.
You should file an application under Order 21 Rule 32 of the Code of Civil Procedure for the execution of the decree of restitution of conjugal rights. Execution of the decree is essential in the present circumstances, as it demonstrates that the husband is willing to live with his wife. This will also strengthen your defense in the maintenance case. If you fail to seek execution, the court may grant maintenance to her.
You also have the option to file for divorce on the ground of desertion. Since your wife has refused to live with you even after a decree under Section 9 of the Hindu Marriage Act, you are entitled to seek divorce on that basis.
You may choose either course of action, but do not remain idle. If you do nothing the court will presume in 125 crpc proceeding that you treat decree in RCR suit as a shield to protect from maintenance.
Related: Impotency a ground of divorce