A court cannot issue a warrant of arrest against a woman in execution of a money decree as per Section 56 of the Civil Procedure Code.

JUDGMENT :

Ajay Mohan Goel, J.

Despite service, as none has put in appearance on behalf of the respondent, accordingly, he is ordered to be proceeded against ex parte.

2. By way of this petition, the petitioner has prayed for the following reliefs:-

“It is therefore, most humbly and respectfully prayed that the present petition may be very kindly be allowed and impugned order dated 10/11/2022 i.e Annexure P-3 passed in Execution Petition no. 11/2021 bearing CNR No. HPSH090000142-2021 titled as Amar Chand vs Pinky pending before the Ld. Senior Civil Judge Court No. 1 Rohru, Distt. Shimla, HP and the execution petition being not maintainable may very be quashed and set aside, with further direction to restore the stay application to its number and position, in the interest of justice, equity and fair play.”

3. The petitioner is aggrieved by the order that has been passed by learned Senior Civil Judge, Court No. 1, Rohru, District Shimla, H.P. dated 10.11.2022, in terms whereof, warrant of arrest has been issued against the present petitioner, who is the judgment debtor before the learned Court below.

4. Learned Counsel for the petitioner has submitted that the order under challenge is perverse in light of the provisions of Section 56 of the Code of Civil Procedure, in terms whereof, the Court shall not order arrest or detention in the civil prison of a woman in execution of a decree for the payment of money. Learned Counsel submitted that as the order is perverse and otherwise also, as the decreetal amount can be recovered from the sale of the assets of the petitioner, the impugned order is bad.

5. I have heard learned Counsel for the petitioner and also carefully gone through the impugned order.

6. In terms of the impugned order, warrant of arrest has been issued against the judgment debtor. Section 56 of the Code of Civil Procedure which starts with a non-obstantive clause that the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money. Herein also, the Court stands informed that the execution is for decree of payment of money. In light of the fact that the judgment debtor is a woman, as obviously the impugned order is bad on the face of it being contrary to the provisions of Section 56 of the Code of Civil Procedure, this petition is allowed and order dated 10.11.2022 passed by learned Senior Civil Judge, Court No. 1, Rohru, is set aside to the extent it ordered detention of the petitioner. Decree holder may otherwise proceed to recover the decreetal amount from the petitioner/JD in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of accordingly.