Legal Dictation 113 words per minute, District Court, High Court Judgement, 100 wpm legal dictation

Legal Dictation 113 words per minute, District Court, High Court Judgement, 100 wpm legal dictation
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The brief history of the case is that the respondent obtained a decree of maintenance against the appellant who is her husband. The decree was being executed. The appellant-judgment-debtor failed to pay the amount. As such learned Executing Court on the application of respondent has directed that the judgment-debtor-appellant be kept in jail. Hence this appeal.
The contention of the learned Counsel for the appellant is that appellant is only a co-sharer in the joint Hindu Family and therefore, the income of the father and the other sharers in the family cannot be taken into consideration for assessing as to the capacity of person to pay the decretal amount.
The second contention of the learned Counsel is that the income out of the agricultural property is merely sufficient for maintenance of the members of the family and, therefore, it cannot be said that the appellant is having sufficient means to satisfy the decree and in the absence of any proof he cannot be directed to be sent to jail.
Learned Counsel is correct in his submissions so far as it relates to calculation of the income of the father and the sharers of the property is concerned but if the judgment-debtor is a share-holder of the property it can always be assumed that he has got capacity to raise the money and has got means to satisfy the decree. Learned Executing Court has made similar observations and therefore that finding does not appear to be incorrect.
Once there is a decree of maintenance allowance in favour of the wife and against the husband it will be assumed that the Court grant a decree after having taken into consideration the capacity of the person and his means to raise the money. The Executing Court will not go behind the decree.
Even otherwise the husband is bound to maintain his wife and if one is avoiding the decree of maintenance allowance the Court would be justified in taking strict view in the matter. It appears appellant judgment-debtor has not shown his bona fide in depositing the money. Thus there appears to be no substance in this appeal. However the Executing Court has neither specified the period of detention nor has tried to enquire as to whether the appellant-judgment-debtor is ready to pay the money in instalments and therefore, it would be proper if the judgment-debtor makes an offer of payment of decretal amount in instalment and to the satisfaction of the Executing Court he may be afforded that opportunity or also the Court may specify a period for detention if need there be.
Subject to these observations the appeal is dismissed. In the facts and circumstances the parties shall bear their own cost. 451 words