SHIELA RANI Vs. DURGA PERSHAD

JUDGEMENT

(1.) THIS is an appeal of the judgment-debtor from the order of the executing Court directing that the maintenance awarded to her under section 488 of the Code of criminal Procedure is attachable in a decree passed against her for restitution of conjugal rights.

(2.) SHIELA Rani appellant was married to the respondent Durga Prashad on 6th of may 1956. The parties did not have a smooth married life as the wife felt obliged to make an application for maintenance under section 488 of the Code of Criminal procedure as maintenance by an order of the criminal Court passed on 17th december 1958. The respondent-husband in his turn filed an application for restitution of conjugal rights on 26th March 1959. This application was allowed and the husband was granted a decree for restitution of conjugal rights on 14th of february 1962.

(3.) IT is the execution of the decree for restitution of conjugal rights which has given rise to this appeal. Under Order 21 rule 32 of the Code of Civil Procedure a decree for restitution of conjugal rights may be enforced against a person who has willfully failed to obey if " by the attachment of his property. " The respondent-husband applied for attachment of the amount which was lying deposited in the criminal Court as arrears of maintenance granted to the appellant on 17th of december 1958. The wife's objection to this attachment having been disallowed by the executing Court she has come in appeal here.