C.R.

Basant, J.

1. Is the plea of no means available to a husband against proposed arrest and detention under Section 51 of the Code of Civil Procedure in execution of a decree for money passed by the Family Court in favour of his wife for return of parental share and gold ornaments entrusted to him? Can proviso (c) to Section 51 C.P.C. be said to be attracted ? These, in short, are the questions raised in this appeal.

2. To the vitally relevant facts first. The appellant and the respondent were married on 19/5/1996. They lived together for some period of time. Separate residence commenced from 14/9/2002. The husband allegedly did not return to his wife cash, ornaments, articles etc. of value Rs.3,25,500/-. The wife claimed return of the said amount of Rs.3,25,500/- along with the interest and costs.

3. The husband was set ex parte once. The said ex parte order was set aside. Though the husband was permitted to participate in the proceedings, he again did not cooperate and take part in the proceedings. Accordingly, the Family Court proceeded to pass the decree directing him to pay the said amount of Rs.3,25,500/- along with interest and costs.

4. The respondent/wife took