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august 1966

Supreme Court of India · 1966-08-24

M. P. SHREEVASTAVA vs MRS. VEENA

Citation / case number
SC 1966/60052
Court
Supreme Court of India
Petitioner
M. P. SHREEVASTAVA
Respondent
MRS. VEENA
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 47 of the Code of Civil Procedure, the wife’s application to record satisfaction of a decree for restitution of conjugal rights was maintainable, as it pertains to execution, discharge, or satisfaction of a decree. The Court clarified that the expression 'Court executing the decree' does not require a pending execution application by the decree-holder. However, the application was not maintainable under Order 21, Rule 2, as there was no evidence of consent from the husband to adjust the decree, which is necessary for that provision to apply.

M. P. SHREEVASTAVA vs MRS. VEENA · Niyam