RAJENDRA KUMAR Vs. AMITA

JUDGEMENT

(1.) THIS revision is directed against the order dt. 2 -5 -92 of the Addl. Judge to the Court of District Judge, Ujjain, passed in execution proceedings of Case No. 12 -A/91, whereby the execution of the decree of restitution of congugal rights in favour of the applicant -husband has been refused.

(2.) THE brief history of the case is that the applicant husband obtained a decree of restitution of conjugal rights vide decree dated 29 -1 -91, passed in Civil Suit No. 12 -A/91 he filed an application for execution. It appears that the learned Judge on a query from the Counsel for the Judgment Debtor and believing the statement of the Counsel that Non -applicant -wife is not ready to go alongwith the applicant, dismissed the application.

(3.) THIS revision petition is, therefore, accepted. The order of Execution Court is set aside and it is directed that the execution proceedings shall be revived and it will be proceeded as per the provisions of Order 21, Rule 32 C.P.C. In the facts and circumstances of the case parties shall bear their own costs.