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Report No. 135

4.3. Arrest in execution.-

As regards arrest of the judgment debtor in execution of a decree, section 56 of the Code of Civil Procedure, 1908 categorically prohibits the arrest of a woman in execution of a decree for money. Theoretically, were the decree is not for money, an arrest in execution is permissible, even if the woman is the judgment-debtor. But such cases are extremely infrequent.

4.4. The resultant position is that arrest of women in civil process does not seem to present any practical problems of a serious magnitude which need attention from the point of view of law reform.

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