The executing court cannot go behind the decree and refuse to execute it on the allegation that the wife is living in adultery.

( 1 ) THE petitioner who is the wife of respondent filed suit O. S. 143 of 1969 on the file of Principal District Munsif Court, Machilipatnam for maintenance. In that a compromise decree was passed according to which, the respondent has to pay six bags of paddy to the petitioner every year towards maintenance. The petitioner-decree-holder filed E. P. No. 219 of 1984 for realisation of the arrears of maintenance due to her by arrest of the judgment-debtor. The respondent who is the judgment-debtor raised the following objections : (1) that after the decree was passed the petitioner married one Katta Gujju during the summer of 1970 and eversince she is living is adultery with him and therefore she is not entitled to claim maintenance ; (2) the cost of the paddy bags is not properly calculated ; (3) that he has no means to pay the amount and therefore he cannot be arrested. The learned District Munsif before whom the execution petition is filed enquired into the matter. On behalf of the petitioner one witness was examined and on behalf of respondent four witnesses were examined. Basing on their evidence the learned District Munsif accepted the respondent s case that the petitioner is living with the said Gujju and is leading adulterous life and therefore she is not entitled for maintenance and accordingly dismissed the execution petition. As against that the present revision is filed.

( 2 ) THE learned counsel for the petitioner contended that as long as the decree for maintenance is not set aside, the executing Court cannot go behind the decree and refuse to execute the decree on the allegation that the wife is living in adultery. When it is the contention of the husband that the petitioner is living in adultery, he can file a petition for divorce and obtain divorce from the Court or file a suit for cancellation of maintenance decree. But till the decree is set aside, the respondent is bound to pay the maintenance. On the other hand, learned counsel for the respondent has contended that the wife forfeits to claim maintenance if she is unchaste. This contention is based upon Section 18 (3) of The Hindu adoptions and Maintenance Act, 1956 which reads as follows :"a Hindu Wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a hindu by conversion to another religion". The learned counsel for the respondent has relied upon several decisions in support of his contention that when a wife becomes unchaste she forfeits the claim for maintenance. In B. Anasuya vs. B. Rajaiah it was held that on resumption of co-habitation the decree for maintenance is annulled. It was pointed out:"whether it is a consent decree or one made or one passed on the adjudication by the Court, in either case, the question is whether its effect is not demolished by the subsequent conduct of the parties". This decision follows an earlier decision of the Madras High Court reported in Vasantam Venkayya vs. Vasantam Raghavamma wherein it is held that when there is resumption of cohabitation it demolishes the effect of the decree. But they were cases where the wife resumes cohabitation with the husband and they live together, the decree becomes ineffective. When the wife lives with the husband she is maintained by her husband and there is no question of husband providing for her separate residence and maintenance. In the present case as was stated above the contention of the has band is that by virtue of the subsequent conduct of the wife i. e. , living in adultery, she became disentitled to claim maintenance and therefore the decree cannot be executed. It is further contended by the learned counsel that this question has to be decided by the executing Court under Section 47 of the Code of Civil Procedure which provides that all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfacti