ORDER :- This writ petition has been preferred by the petitioner as against an order passed by the Family Court, Jabalpur refusing to execute the decree for restitution of conjugal right.

2 Petitioner Shri Shailendra Koshti has filed an application under Section 9 of Hindu Marriage Act before the Family Court, Jaipur, Rajasthan in which an ex parte order was passed ordering the restitution of conjugal rights as against the respondents. Decree was sought to be executed at Jabalpur as against the property of the respondents. The Family Court, Jaipur has transferred the decree for execution under Order 21 Rule 6 of CPC.

3. Reply was filed by respondent wife Smt. Kavita Koshti contending that restitution case was filed in order to create the pressure. She has filed a case under Section 498-A of IPC as against petitioner, his parents and brother, which is pending at the Jabalpur Court in which the prosecution case is already over. Case is at the final hearing stage. In that case on being found guilty, there is likelihood of conviction being recorded. In order to put pressure, execution of decree of restitution of conjugal rights has been sought. An application under Section 13 of Hindu Marriage Act is also pending consideration for divorce. Case under Section 306 of IPC was also pending. Case has also been filed by the petitioner as against respondent/wife for commission of offence under Section 420, 467 and 468 of IPC, which was also pending. Considering the background of aforesaid criminal cases, it was prayed that there is sufficient cause not to live together, hence execution be declined.

4. The learned Family Court as per the impugned order in the backdrop of the fact and pendency of several criminal cases, has come to the conclusion that the reason for refusal to reside together is reasonable. Petitioner cannot be compelled under the circumstances to join the society of the decree-holder, therefore, execution application has been filed.

5. Shri N. C. Beohar learned counsel appearing for the petitioner has submitted that there is likelihood of amicable settlement between the parties as such restitution should be ordered. He has relied upon the decision of the Apex Court in Smt. Saroj Rani v. Sudarshan Kumar Chadha, AIR 1984 SC 1562.

6. Shri S. K. Dubey, learned counsel appearing for respondents has submitted that no case for interference is made out in this writ petition as there is just and reasonable cause to reside separately and respondents cannot be forced to live with the petitioner in the backdrop of the strained relationship between the parties and owing to the pendency of several criminal cases against each other.

7. Decree of restitution of conjugal rights can be executed as against the property of party refusing to comply with it without there being reasonable cause. The Apex Court in Smt. Saroj Rani v. Sudarshan Kumar Chadha, AIR 1984 SC 1562 (supra) held thus :-

"17. It is significant to note that unlike a decree of specific performance of contract, for restitution of conjugal rights, the sanction is provided by Court where the disobedience to such a decree is willful i.e. is deliberate, in spite of the opportunities and there are no other impediments, might be enforced by attachment of property. So the only sanction is by attachment of property against disobedience of a decree for restitution of conjugal rights where the disobedience follows as a result of a wilful conduct i.e. where conditions are there for a wife or a husband to obey the decree for restitution of conjugal rights but disobeys the same in spite of such conditions, then only financial sanction, provided he or she has properties to be attached, is provided for. This is so as an inducement by the Court in a appropriate case when the Court has decreed restitution for conjugal rights and that the Court can only decree if there is no just reason for not passing decree for restitution of conjugal rights to offer inducement for the husband or wife to live toget

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