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Report No. 73

3.2. Time spent on pendency to be excluded.-

In consequence of our recommendation1 for the insertion of a prohibition against the making of an application for execution by the wife during the pendency of the criminal proceedings, it is necessary to provide that in computing the period of limitation for such application, the time spent on such pendency shall be excluded.

The period of limitation is prescribed by Article 136 of the Limitation Act, 1963, which reads:

"136. For the execution of any decree (other than a decree granting a mandatory injunction) or order of any Civil Court.

Twelve years.

When the decree or order becomes enforceable or where the decree any payment of money or the delivery of any property to be made.

"at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place:

Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation."

1. Para. 3.1, supra.

Criminal Liability for failure by Husband to Pay Maintenance or Permanent Alimony certain to the Wife by the Court under Certain Enactments or Rules of Law Back

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