CODE OF CIVIL
“Executing a decree for restitution of conjugal rights under the Code of Civil Procedure – the legal dilemma”
3). Statutory Provisions related to Decree for restitution of conjugal rights. 4).Order 21 Rule 32 of the Code of Civil Procedure
5). Order 21 Rule 33 of the Code of Civil Procedure
6). Mt.Sheo Kumari and Ors. V. Mathura Ram,AIR 1936 ALL 657
7). Laxmi Sauhani v Maheswar Sahu AIR 1985
9). T.Sareetha v. Venkata subbaiah,AIR 1982 AP122
10). Smt. Saroj Rani v. Sudarshan Kumar Chadha,AIR 1984 SC 1562 11).Conclusion
AIMS AND OBJECTIVES:
This project seeks to examine the law regarding execution of decree of restitution of conjugal rights, which related to Order XXI Rule 32 and 33 of the Code of Civil Procedure. The provisions regarding attachment of property and imprisonment in civil prison have been looked into. Also, the constitutional tussle with the provisions aforementioned has been examined. SCOPE AND LIMITATIONS:
The scope of this discussion is the execution decree of restitution of conjugal rights and detailed arguments relating to constitutional validity of restitution as a relief given in Hindu Marriage Act, along with its implications on divorce proceedings have not been examined since they are clearly out of the scope of a project for examining Civil Procedure. RESEARCH QUESTIONS:
1.In a civil suit for restitution of conjugal rights whether imprisonment is valid? 2.In a civil suit for restitution of conjugal rights whether attachment of property is valid in light of Article 14 and 21? 3.Do these two provisions constitute as coercion forcing a husband and a life to live together? 4.What is the position of law in after the Saroj Rani case? 5. What is the procedure to be followed as given in Order XXI Rule 32 and33 of the Code of Civil Procedure for execution of such a decree?
STATUTORY PROVISIONS RELATED TO DECREE FOR RESTITUTION OF CONJUGAL RIGHTS
SUBSTANTIVE PROVISIONS RELATING TO RESTITUTION OF CONJUGAL RIGHTS Restitution of conjugal rights is a remedy available to people of all religions and is embodied in the personal laws as applicable to their community. The law relating to this remedy provided to this religions, though differently worded and enshrined in different statutes has a uniform import. The remedy is granted to the person seeking the same upon the fulfillment of certain conditions. they are as follows: 1. The respondent needs to have withdrawn from the society of the petitioner.
2. Such withdrawal is without any reasonable excuse or cause.
3. The court is satisfied about the truth of the statements made in such petition.
4. There is no legal ground where relief should not be granted.
While this relates to the substantive law on the subject, upon a decree being pronounced for the restitution of conjugal rights, the Code Of Civil Procedure,1908,gives the mode of execution of such decree.
ORDER 21 RULE 32 OF THE CODE OF CIVIL PROCEDURE
Upon the pronouncement of the decree in favour of restitution of conjugal rights ,if disobeyed by the judgement debtor, the manner of execution of the same is given under Order 21 rule 32 of Code of Civil Procedure. In order for this rule to be applicable, the essentials that are required to be fulfilled areas follows: 1. A decree must have been passed at the instance of one spouse against the other, ordering the latter to live with his or her spouse and allow for restitution of conjugal rights.
2. Such a decree must have been wilfully ignored, or not complied with, by the judgment debtor inspite of having a sufficient opportunity of doing so....