Report No. 73

Chapter 3

Amendments Recommended in The Code of Civil Procedure, 1908

3.1. Amendments in Code of Civil Procedure, 1909.-

Right to execute.- Certain amendments are also required in the Code of Civil Procedure, 1908 in view of the creation of the proposed new offence. We propose to provide that where a decree or order for maintenance or permanent alimony is disobeyed by the husband, the right of the wife to make a complaint for the proposed offence shall not, in any manner, affect her right to apply for execution of the decree or order. This is, however, subject to the following qualifications:-

(a) During the pendency of the criminal proceedings, the wife shall not be entitled to make any application for execution;

(b) If such an application is already pending, the execution proceedings shall remain suspended for the duration of the criminal proceedings, but not so as to affect any attachment of the property of the judgment debtor (husband) that might be subsisting immediately before the date on which the criminal proceedings were instituted;

(c) Any amount paid to the wife out of the fine recovered in the criminal proceedings shall amount to satisfaction of the decree or order in full or part, as the case may be.