Discretion of Court in executing decrees for restitution of conjugal rights
Execution of Decrees and Orders, in the First Schedule to The Code of Civil Procedure, 1908
(1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 1 [against a husband] for the restitution of conjugal rights or at any time afterwards, may order that the decree 2 [shall be executed in the manner provided in this rude.]
(2) Where the Court has made an order under sub-rule (1) 3 ***, it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.
(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again review the same, either wholly or in part as it may think just.
(4) Any money ordered to be paid under this rule may be recovered as though it were payable under a decree for the payment of money.
1. Ins. by Act 29 of 1923, s. 3.
2. Subs. by s. 3, ibid., for "shall not be executed by detention in prison".
3. The words "and the decree-holder is the wife" omitted by s. 3, ibid.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXI Rule 33 CPC and Order 21 Rule 33 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 21 Rule 33 CPC, Order XXI Rule 33 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.