ANITA SHARMA Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS Revision Petition is directed against the order dated 1.2.96 of the Distt. Judge, Ujjain passed in Execution Case Mo. 12A/91 whereby the respondent decree -holder has been allowed to meet his minor son on 15th day of every month from 12.00 a.m. to 4.00 p.m.

(2.) THE execution proceedings in which the aforesaid order has been passed have arisen from a decree for restitution of conjugal rights in favour of respondent - husband against the petitioner wife. The only grievance of the petitioner - wife is that in execution of the decree for restitution of conjugal rights, no order for custody of their minor son could have been legally passed. It is contended that the executing court in passing the order has gone behind the decree.

(3.) IT is well settled that the executing court cannot go behind the decree. In the instant case, the decree under execution is a one for the restitution of conjugal rights only. It could not he and has not been shown that in the proceedings for restitution of conjugal rights any matter relating to the custody of the child was also an issue between the parties or any direction in that behalf was made by the Court white passing the decree. On the other hand, it is clear that the decree passed by the Court is only for restitution of conjugal rights and which can be enforced in accordance with the provisions of Or. 21 R. 32 of the Code of Civil Procedure.