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B. V. L. N. CHAKRAVARTHI
Pasupuleti Chakravarthy – Appellant
Versus
Pasupuleti Veera Venkata Satyanarayana Murthy – Respondent
ORDER :
(B.V.L.N. Chakravarthi, J.)
Heard Sri Sri Atchyut, learned counsel representing on behalf of Sri E.V.V.S.Ravi Kumar, learned counsel for the revision-petitioner and Sri Bolla Venkata Rama Rao, learned counsel for the respondent.
2. This revision-petition is directed against the Order, dated 18.12.2015 in E.P.No.44 of 2015 in O.P.No.42 of 2001 on the file of II Additional Senior Civil Judge’s Court, Kakinada. The execution petition was filed by the revision-petitioner/wife for ‘Restoration of Conjugal Rights’ under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (for brevity ‘CPC’). The execution petition was ‘Dismissed’ by the execution Court.
3. The revision-petitioner filed the execution petition with a prayer to direct the respondent/husband to restore conjugal rights.
4. The respondent/husband opposed the execution application that it is not maintainable in law.
5. The learned Trial Judge ‘Dismissed’ the execution petition on the ground that under Order XXI Rule 32 CPC, where a party against whom the decree for restitution of conjugal rights has been passed has had an opportunity of obeying the decree and has willfully failed to obey it, the decree may be enforced
The petitioner failed to prove illegal dispossession under Order XXI Rule 32 CPC, leading to the dismissal of her application for execution of the decree.
The decree-holder must prove that the judgment-debtor had an opportunity to obey the decree and willfully failed to obey it when seeking enforcement under Order XXI Rule 32 of the CPC.
The twin conditions of the judgment debtor's opportunity to obey the decree and wilful failure to obey it, as laid down in Order XXI Rule 32 CPC, are mandatory and coexistent, and the exceptional pow....
The court may dismiss an execution petition as unsatisfied if the judgment-debtor resides abroad and has no property in the jurisdiction. The decree-holder may be given liberty to file a fresh execut....
Maintenance orders under S.125 Cr.P.C. remain valid despite decrees for restitution of conjugal rights.
Matrimonial proceedings are based on a continuing cause of action, and the withdrawal of a previous petition for restitution of conjugal rights does not preclude the filing of a subsequent petition f....
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
The executing court must follow the procedure laid down under Rule 32 Order 21 CPC and grant an opportunity to the petitioners to show cause regarding any disobedience of the decree.
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