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1978 Supreme(Guj) 116

S.H.SHETH
VANKAR KUBER JETHA – Appellant
Versus
VANKAR LILABEN RAJA – Respondent


Advocates Appeared: AVINASH K.MANKAD, V.H.BHAIRAVIA

S. H. SHETH, J.

( 1 ) IN a petition filled by the wife under Hindu Marriage Act for the restitution of conjugal rights decree was passed against the husband for restitution of conjugal rights and for payment of maintenance at the rate of Rs. 200. 00 per month. The decree was passed by the learned Civil Judge (Senior Division) at Palanpur. The husband has filed an appeal in the District Court against that decree. It appears that he did not obtain any stay order from the District Court. The wife therefore filed the execution proceedings in the Court of the Civil Judge (Senior Division) at Palanpur. In the execution petition she only prayed for recovery of a sum of Rs. 6 74 88 p. which according to her became due and payable under the decree. She sought the assistance of the Court in the matter of execution of the said part of the decree by arresting her husbandand putting him in civil prison. She stated that the amount of maintenance necessary to be deposited for the civil arrest of her husband was lying in Court in Regular Darkhast No. 10 of 1975. The present Darkhast is Regular Darkhast No. 65 of 1978. It was placed before the learned Judge on the same day and he made the following






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