maintenance by the judgement debtor


Dear experts,

 

Please advise on the following,

 

A decree of restitution of conjugal rights has been passed against my wife u/sec 9 HMA. 

 

If she does not comply with the order, can I ( the husband) seek compensation under order 21 rule 33 sub-rule (2) which says

 

(2) Where the Court has made an order under sub-rule (1) 3[* * *] it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.

 

Please clarify.

 

Raj

 

 
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advocate

You missed the point.  The RCR decree is against wife.  R.33 of O.21 relates to RCR decree against husband and hence, in your case, it is not applicable. But in your case R. 32 of O.21 is applicable.  These are the following steps you can take.

1. file execution application.

2.  If she does not abide RCR decree, then move application for attachment of her party.

3.  After attachment of property, even then, she does not obey RCR decree, then within six months from the date of attachment, you have to move application for sale of the attached property.  If such an application does not be moved, the attachment order becomes null.

4.  After sale of the attached property, the court in its own discretion pay some amount to the husband and return the remaining amount to the wife.

ALTERNATIVELY

After filing execution application, and if she does not obey the RCR decree, then wait for one year and move application for Divorce on the ground of non-execution of RCR decree and you will get divorce decree.

 

 

 
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