Divorce Suite
Dadi Uma Mahesh
(Querist) 24 January 2010
This query is : Resolved
Want to know Divorce Suite is Civil Case or Criminal , If it is Civil case, What if Decree is not been adhered too by the Opposite party.
Que1.Not Paying the maintenance amount and ready for imprisonment (punishment)?
Que2.Not Allowing the Petitioner to restitute the Conjugal right and getting ready for second marriage (Clear contempt as described in the decree).
niranjan
(Expert) 24 January 2010
Under O.21,rule32,if decree of restitution of congujal rights is not obeyed,the property can be attached.
Dadi Uma Mahesh
(Querist) 24 January 2010
He Doesn`t have any property of his own, But his mother has property, can that be attached?
Dadi Uma Mahesh
(Querist) 24 January 2010
Want to know Divorce Suite is Civil Case or Criminal , If it is Civil case, What if Decree is not been adhered too by the Opposite party.
Que1.Not Paying the maintenance amount and ready for imprisonment (punishment)?
Que2.Not Allowing the Petitioner to restitute the Conjugal right and getting ready for second marriage (Clear contempt as described in the decree).
Looking for detailed Answer and Procedure.
regards
Dadi Uma
Raj Kumar Makkad
(Expert) 25 January 2010
Civil case, decree cannot be enforced, maintenance allowance can be got enforced but if he is ready to go to jail, fulfil his desire. If he performs second marriage then criminal case (FIR) under section 294 IPC is ready agains him, his newly wedded wife, panditji performing marriage and those persons who took part in such marriage knowing that this is illegal marriage of such person as his first wife is alive and she has not been divorced.
Dadi Uma Mahesh
(Querist) 25 January 2010
Thank You Mr.Raj Kumar Makkad, I am happy with detailed reply, Thank you Once again.
