The Code Of Civil Procedure 1908
Order 21 :
Rule 33 :
Discretion of Court in executing decrees for restitution of conjugl rights :
(1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 1.[agaisnt a husband] for the restitution of conjugal rights or at any time afterwards, may order that the decree 2.[shall be executed in the manner provided in this rule].
(2) Where the Court has made an order under sub-rule (1) 3.[***], it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.
(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporilay suspend the same as to the whole or any part of the money so ordered to be paid, and again review the same, either wholly or in part as it may think just.
(4) Any money ordered to be paid under this rule may be recovered as though it were payble under a decree for the payment of money.
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1. Inserted by Act 29 of 1923, section 3.
2. Substituted by Act 29 of 1923, section 3, for “shall not be executed by detention in prison”.
3. The words “and the decree-holder is the wife” omitted by Act 29 of 1923, section 3.
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