Execution of Section 9 of HMA?

Querist : Anonymous (Querist) 14 April 2010 This query is : Resolved
Sir, I Got Ex-parte Order in Section 9 of HMA and I had Filed Execution Petition in the Same Court but My Husband Doesn't Obey the Court Order as he does not have Job nor does he has any Assets and he is even ready for Imprisonment what is the Remedy?

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R.R. KRISHNAA (Expert) 14 April 2010
If the marriage cannot be saved even after passing the decree of restitution it must be dissolved. A factual separation gives an easily justifiable indication of breakdown. Dissolution of the marriage is the final step if there is no resumption of cohabitation.

Further, if there is non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24.

When your husband does not have any property or means, executing the decree serves no purpose.

Raj Kumar Makkad (Expert) 14 April 2010
I completely agree with Krishana.

O. Mahalakshmi (Expert) 20 April 2010
I am also agreeing with Mr. Krishna.

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