LAWS(RAJ)-2004-2-24

VIJAY KUMAR Vs. NEELAM RANI

Decided On February 19, 2004
VIJAY KUMAR Appellant
V/S
NEELAM RANI Respondents

JUDGEMENT

(1.) Heard.

(2.) Lerned counsel for the petitioner submitted that he prayed for execution of the decree for restoration of conjugal rights. While praying for restoration of conjugal rights under law, no property which could be made the subject-matter of attachment was shown in the execution application.

(3.) Learned Executing Court has observed that in a decree under Section 9 of the Hindu Marriage Act. where the decree holder prays for restoration of conjugal rights, no force can be used to get the lady to the conjugal house. The only force which is conceived under the law is that the property of the opposite party can be attached. Here no property has been shown to be existing which can be made the subject-matter of the attachment. That being the position the execution applicantion was dismissed.