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Report No. 73

3.4. Amendment in the Code of Civil Procedure, 1908-Insertion of Order 21, rule 29A.-

In the light of the preceding paragraphs1, we recommend that in the Code of Civil Procedure, 1908, First Schedule, Order 21, a new rule, to be numbered as rule 29A, should be inserted as follows:-

"29A. (1) Subject to the provisions of sub-rules (2) and (3), where a decree or order for maintenance or permanent alimony has been made against a husband in favour of the wife and the husband is guilty of disobedience to the decree or order, the right of the wife to make a complaint for an offence under section 498A of the Indian Penal Code shall not in any manner affect her right to apply for execution of the decree or order.

(2) During the pendency in the trial court of criminal proceedings instituted in respect of any such complaint-

(a) the wife shall not be entitled to make any application for execution of the decree or order;

(b) if, on any application for execution of the decree or order made by the wife prior to the institution of such criminal proceedings, proceedings are pending in any court, those proceedings shall remain suspended for the duration of the criminal proceedings, but not so as to affect any attachment of the properly of the judgment-debtor that might be subsisting immediately before the date on which the criminal proceedings were instituted.

(3) Where any amount is paid to the wife out of the fine recovered in such criminal proceedings, such payment shall amount to satisfaction of the decree or order in full or in part, as the case may be.

(4) In computing the period of limitation for any application for the execution of a decree or order, the making of which is barred by the provisions of clause (a) of sub-rule (2), the time during which the criminal proceedings referred to in that sub-rule were pending in the trial court shall be excluded.

Explanation.-For the purposes of this rule, in computing the time during which a criminal proceeding was pending in the trial court, the day on which that proceeding was instituted and the day on which it ended in the trial court shall both be counted."

1. Paras. 3.1 to 3.3, supra.

H.R. Khanna, Chairman

S.N. Shankar, Member

P.M. Bakshi, Member-Secretary

New Delhi,

Dated: 15th May, 1978.

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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