Prohibition of arrest or detention of women in execution of decree for money
Full Text
Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
Plain English Summary
Section 56 imposes an absolute statutory prohibition against the arrest or civil imprisonment of any woman in execution of a money decree, overriding all other execution provisions in Part II of the Code.
Key Legal Elements
- Absolute Statutory Immunity: Total prohibition against arrest and detention in civil prison of female judgment-debtors.
- Applicable to Money Decrees: Operates strictly in execution of decrees for the payment of money.
- Non-Obstante Override: Opens with 'Notwithstanding anything in this Part', overriding general powers under Section 51 and 55.
- Attachment Still Available: Does not protect a woman's property from attachment and sale in satisfaction of the decree.
Practical Note
Absolute Female Exemption in Money Decrees vs Other Reliefs: (1) Absolute Bar: The prohibition under Section 56 is unqualified and absolute in money decrees; courts lack any jurisdiction or discretion to issue arrest warrants against a woman judgment-debtor, even in cases of willful evasion or fraud. (2) Alternative Execution Modes: The decree-holder must execute against a woman debtor exclusively through attachment and sale of her movable and immovable properties, bank accounts, or appointments of receivers. (3) Non-Money Decrees Exception: Section 56 applies exclusively to money decrees; women are NOT exempt from arrest or civil detention in execution of decrees for specific performance, injunctions (Order XXI Rule 32), or contempt of court.
हिंदी पाठ
इस भाग में किसी बात के होते हुए भी, न्यायालय धन के संदाय की डिक्री के निष्पादन में किसी स्त्री की गिरफ्तारी या सिविल कारागार में उसके निरोध का आदेश नहीं देगा।