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Modes of Execution of Decree

February 8, 2021

A decree for payment of money, including a decree where payment of money is an alternative to some other relief, can be exercised by the detention of the judgment-debtor in the civil prison or by attachment and sale of his property.

A decree for a specific movable property (or a share in it) can be executed by seizure of such property and delivery thereof to the decree-holder, or by the detention of the judgment-holder in the civil prison or by attachment of his property or by both detention and attachment.

If a decree for restitution of conjugal rights has been passed, and the party against whom it is passed wilfully fails to obey it, although he has had an opportunity of obeying it, the decree may be enforced by the attachment of his property.

The decree for restitution of conjugal right is against the husband, the Court may also order that if the husband does not comply with the decree within such time as may be prescribed, he shall make periodical payments to the wife of such amount as may be fixed by the Court. The amount of payment and the intervals fixed for payment thereof may also be varied or modified by subsequent of the Court. Such amounts can be recovered by the wife as if they were payable under a decree passed from the payment of money.

Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.

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