Order (21) rule (32) of C.P.C deals with execution of decree passed for restitution of conjugal rights. It reads as under:

“Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights or for an injunction, stay has been passed, has had an opportunity of obeying the decree and if he has wilfully failed to obey it, the decree may be enforced, in the case of a decree for restitution of conjugal rights”

·        By the attachment of his property, or in the case of a decree for specific performance of a contract or for an injunction.

·        By his detention in Civil Prison.

·        By his detention in Civil Prison.

·        By the attachment of his property.

2) dont keep much funds in your bank account . court would not award substantial sum as compensation 

3) 

Under clause (ii) of sub-sec. (1A) of S. 13 of Hindu Marriage Act either party to the marriage may present a petition for divorce on the ground that there has been no resumption of Conjugal Rights for a period of not less than one year after the passing of a decree to that effect. 

it is one of rare cases wherein court has directed attachment of movable property of wife 

You can challenge the order of attachment and get stay in the same

No attachment neither wife can be forced to live with husband. 

- The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court, however under no circumstances the court can force the erring spouse to consummate marriage.

- Other side , the Supreme Court bench took a response from the Attorney General, regarding a prayer to strike down the restitution of conjugal rights provision

- You can challenge this order /decree before the Higher court , as such order is not sustainable . 

The courts generally do not entertain the execution of RCR decree for attachment of property. 

Besides the attachment of property on your name cannot be done just like that i.e., at least not in the manner that you say.

You should have a control over your anxiety.

The court cannot pass an order to attach the property without knowing that the property is on your name, hence it will pass an order to the District collector, who in turn will instruct the concerned Revenue office to produce the list of immovable properties lying on your name.

After that also the process is cumbersome.

As far as RCR decree is concerned the HMA itself provides that the person presenting petition cannot take advantage of his/her own wrong to get a decree in her favor.  As far as the respondent case is  concerned very lengthy arguments have taken place that RCR provision itself is violation of Article 21 of Constitution of India and there are many case laws to that effect.  In my view  it is not possible to enforce RCR decree by any other method because it is your  right to choose between joining her or not joining her.. RCR is only a directional decree not an compelling decree.

Therefore you may not be worried to the extent what you have expressed here in this regard.

It is a judgment by a trial court and not a reportable  judgment by high court or supreme court.

The wife could have filed an appeal against the order and would have got it nullified.

Hence you cannot rely upon such judgments pronounced by trial courts.

You can understand your status properly and proceed legally when the situation arises. 

Restitution of conjugal rights is a legal remedy that allows a spouse to compel the other spouse to cohabit or face a forfeiture of property. It is available under various personal laws in India, such as the Hindu Marriage Act, 1955, the Indian Divorce Act, 1869, the Special Marriage Act, 1954, and the Parsi Marriage and Divorce Act, 1936.

If a decree for restitution of conjugal rights is passed by the court and the respondent does not comply with it within one year, the petitioner can file an application for attachment and sale of the respondent’s property under Order 21 Rule 32 of the Code of Civil Procedure, 1908. The court may order the attachment of any movable or immovable property of the respondent and direct its sale after six months of attachment. Out of the proceeds of the sale, the court may award such compensation to the petitioner as it thinks fit and pay the balance to the respondent.

However, the court has to consider various factors before ordering the attachment and sale of property, such as the nature and value of the property, the income and expenses of both parties, the hardship caused to the respondent, and the possibility of reconciliation. The court also has to ensure that the attachment and sale of property is not oppressive or excessive and does not violate the fundamental rights of the respondent. The court has to balance the interests of both parties and act in accordance with justice, equity and good conscience.

Therefore, in your case, it is not certain that the court will order the attachment and sale of your movable property worth 17L as compensation for non-compliance of RCR decree. It will depend on the facts and circumstances of your case and the discretion of the court. The court may also consider other modes of execution, such as imprisonment or community service. The amount of compensation awarded by the court may vary from case to case depending on various factors. There is no fixed formula or standard for determining the compensation.

Sir/Madam,

The execution court take also possible steps to prevent harm to either party of the case. You are suggested to present/place before the court every material witness/proof to assist the court to pass order/judgment in your favour. 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.