Cpc Project

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CODE OF CIVIL
PROCEDURE
PROJECT

TOPIC-

“Executing a decree for restitution of conjugal rights under the Code of Civil Procedure – the legal dilemma”

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INDEX

1).Acknowledgement
2).Synopsis
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
8).Constitutional Challenges
9). T.Sareetha v. Venkata subbaiah,AIR 1982 AP122
10). Smt. Saroj Rani v. Sudarshan
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Sub-rule (3) of Order 21 Rule 32 of the Code of Civil Procedure provides that in cases where such an attachment as has been ordered under sub-rule (1) of the Order21 Rule 32 of the Code of Civil Procedure has been in force for a period of six months and the decree of restitution of conjugal rights has not been complied with even after such attachment, then the decree holder may file an application for sale of such attached property, and the court can award compensation from the proceeds of such sale to the decree holder as compensation, giving the balance of the rest to the judgment debtor.

If it so happens that no application is made by the decree holder for sale under the aforementioned section within six months of the order of attachment, then the attachment ceases by the operation of sub-rule (4) of Order 21 Rule 32 of the Code of Civil Procedure. The same sub-rule also provides that if the decree is satisfied within6 months from date of attachment and all costs of execution are paid by the judgment debtor, not only will the attachment cease but the decree will also be deemed to be satisfied. It is noteworthy that there is not specific provision which deals with satisfaction of the decree under the Code of Civil Procedure.

Order 21 Rule 33 of the Code of
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