Order 21 rule 32 , 33
Raj
(Querist) 07 December 2013
This query is : Resolved
I Husband RCR won by in Family Court, Wife won 125 in village court and Ordered for Maint., Letter for rejoin and RD of RCR order issued to Wife. Still no sign yo come. If RCR won by me then 125 maintennce can be cancelled ? and Family court issued a/g my RD Order 21 Rule 32 33 Step can take by Husband. What does it mean and what strongly action I can take against wife ?
Please advise. Thanks,
Advocate M.Bhadra
(Expert) 07 December 2013
File an application under order 21 rule 32 and 33 C.P Code for execution decree.
Order 21 rule 32 and rule 33 CPC
Rule 32 : Decree for specific performance for restitution of conjugal rights, or for an injunction.- (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has willfully failed to obey it he decree may be enforced the case of decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by his detention in the civil prison, or by the attachment of his property, or by both.
Rule 33 : Discretion of court in executing decrees for restitution of conjugal rights.- (1) Notwithstanding anything in rule 32, the court, either at the time of passing a decree against a husband for the restitution of conjugal rights or at any time afterwards, may order that the decree shall be executed in the manner provided in this rule.
Rajendra K Goyal
(Expert) 07 December 2013
Well advised by the expert. Move an application as advised.
R.K Nanda
(Expert) 07 December 2013
no more to add.
Devajyoti Barman
(Expert) 07 December 2013
RCR can not avoid maintenance.
Either challenge maintenance order or pay the money.
Raj Kumar Makkad
(Expert) 08 December 2013
Maintenance is a separate proceeding. It has nothing to do with Order 21 Rule 32 of CPC. A wife even residing in her matrimonial house is entitled to claim maintenance.
