guhan 02 March 2019

Hma

Sir/Madam, it is mentioned under section 9 of the hindu marriage act "when a decree is passed under section 9,the only sanction for enforcement of the decree under order 21 rule 32 CPC is attachment of property against disobedience of the decree.My doubt is whether property mentioned here refers to both movable and immovable property.kindly clarify.

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Vijay Raj Mahajan (Advocate) 02 March 2019

Property includes both movable and immovable. But it will exclude those properties which are of daily household use or place of residence and like properties of personal use. The properties which are in excess and not is use for personal purpose can only be attached, so prepare the list of those properties. I know some joker advised you for this attachment process rather waiting for one year and seeking divorce on the ground of non consumation of marriage by the respondent after passing of decree of RCR.

Dr J C Vashista (Advocate) 03 March 2019

Although the properties include movable and immovable for the purpose of attachment, if available in the name of JD, can you force the DH to rejoin society with JD ? Answer is big "NO".

Instead of restorting to exectution of decree of RCR it would be better to move for decree of divorce on the strength of decree of RCR.