Nitish Banka

    • Can you send wife to Jail by this case?

    Today I was thinking that whether we can send wife to jail if the execution of decree for restitution of conjugal rights against her and it is not obeyed by her or their are any other procedures in law by which we can take any strict action on wife as in most of matrimonial disputes wife files false cases on husband to extort money and for mental harassment?

    Decree for restitution of conjugal rights is easily passed by the court as court believes in restitution of relationships rather than divorce and that’s why I have researched on topic for better clarification and here is what I have found-

    A decree for restitution of conjugal rights is executed as per order 21 rule 32 and 33 of CPC and it can be executed if the opposite party is not ready and willing to obey the decree and restitute the conjugal rights as per the decree passes by the court.

    According to the judgement in case of Vijendra B Singh v, Uma Vijendra Singh, 2010 Cj (Bom) 2341 :-

    Vijendra_B_Singh_vs_Uma_Vijendra_Singh_on_21_April_2010Download
    1. In case of wife – As per the rule 32 for execution of decree for restitution of conjugal rights against wife is only done by attachment of property of wife .i.e., if the wife is not willing to obey the decree then she cannot be sent to jail, only the property is attached. She cannot be arrested and dumped into civil prison if a wife is not willing to cohabit together then she cannot be forced by sending her to jail.
    2. In case of husband- As per the rule 33 for execution of decree for restitution of conjugal rights against husband is done by attachment of property and then rule 33 makes a special provision in favor of wife and according it court can pass an order u/r. 32 of payment of money to wife which be periodical payment. But here also we cannot send husband into jail on this ground as if a husband don’t want to cohabit then no one can force him for it.

    Conclusion

    As per the order 21 rule 32 and 33 of CPC a wife cannot be sent to jail if the execution of decree for the restitution of conjugal rights is against her and she is not willing to obey this decree. The execution is only done by attachment of the property. This is because court cannot force anyone to cohabit together if they don’t want to do so by sending them to jail.