Modes of Execution of Decree for Restitution of Conjugal Rights are as follows:
Order 21 Rules 32 and 33 of the Code of Civil Procedure provides for the execution of a decree for restitution of conjugal rights. Where the party against whom a decree for restitution of conjugal rights is passed, has an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced by attachment of his property or by his detention in civil prison or by both.
Image Source: 1.bp.blogspot.com
ADVERTISEMENTS:
Where any attachment made under the circumstances, has remained in force for one year, and if the party has not obeyed the decree and the decree-holder has applied to sale of the attached property so that out of the proceeds of the sale, he could get such compensation as the court proceeds to award.
In a decree of restitution, the party, against whom the decree is passed, cannot be compelled physically to restore cohabitation. A court is not competent to direct that the wife or husband be, bodily handed over to other spouse and restrain him or her of liberty until he or she is willing to render him or her conjugal rights.
The decree in India is used as a stepping stone for getting a decree of divorce under Section 13(1-A) of the Act after the expiry of one year from the date of the decree of restitution of conjugal rights.
