RCR Decree can be executed by attachment of property

Saroj Rani vs. Sudarshan Kumar Chadha (08.08.2026 - SC) : MANU/SC/0183/1984

Case Note:

Family - restitution of conjugal rights - Section 9 of Hindu Marriage Act, 1955 and Articles 14 and 21 of Constitution of India - unlike decree for specific performance of contract for restitution of conjugal rights sanction provided by Court where disobedience to such decree wilful - only sanction by attachment of property against disobedience of decree for restitution of conjugal rights where disobedience follows as result of wilful conduct - where conditions are there for wife or husband to obey decrees for restitution of conjugal rights but disobeys same in spite of such conditions then only financial sanction provided he or she has properties to be attached is provided for - as an inducement by Court in appropriate case when Court decreed restitution for conjugal rights - Court can only decree if there is no just reason for not passing decree for restitution of conjugal rights to offer inducement for husband or wife to live together in order to give them opportunity to settle up matter amicably - it serves as social purpose as an aid to prevention of break-up of marriage - Section 9 not violative of Article 14 or 21.