Rule 39 of CPC : Rule 39: Subsistence-allowance.

Explanation using Example

Example 1:

Scenario: Ramesh, a small business owner, owes Rs. 1,00,000 to Suresh, who has obtained a court decree for the amount. Ramesh fails to pay the amount, and Suresh seeks to have Ramesh arrested to enforce the decree.

Application of Rule 39:

1. Subsistence Allowance Before Arrest: Before Ramesh can be arrested, Suresh must deposit a sum with the court that the judge deems sufficient for Ramesh's subsistence from the time of arrest until he is brought before the court. For instance, the judge may determine that Rs. 500 per day is sufficient, and if it takes 3 days to bring Ramesh before the court, Suresh must deposit Rs. 1,500.
2. Monthly Allowance in Civil Prison: If Ramesh is committed to civil prison, the court will fix a monthly subsistence allowance based on the scales under section 57 or as deemed sufficient by the court. Suppose the court fixes Rs. 3,000 per month for Ramesh's subsistence.
3. Advance Monthly Payments: Suresh must pay this Rs. 3,000 monthly allowance in advance before the first day of each month to the court officer.
4. First Payment: The first payment must cover the remaining days of the current month before Ramesh is committed to prison. If Ramesh is committed on the 20th of the month, Suresh must pay Rs. 1,000 for the remaining 10 days.
5. Subsequent Payments: Subsequent monthly payments must be made to the officer in charge of the civil prison.
6. Costs in Suit: The sums paid by Suresh for Ramesh's subsistence will be considered costs in the suit, but Ramesh cannot be detained or arrested solely for the non-payment of these subsistence sums.

Example 2:

Scenario: Priya has a court decree against her former business partner, Anil, for Rs. 2,00,000. Anil has not paid the amount, and Priya seeks his arrest to enforce the decree.

Application of Rule 39:

1. Subsistence Allowance Before Arrest: Priya must deposit a sum with the court for Anil's subsistence from the time of arrest until he is brought before the court. The judge decides Rs. 600 per day is sufficient, and if it takes 2 days to bring Anil before the court, Priya must deposit Rs. 1,200.
2. Monthly Allowance in Civil Prison: If Anil is committed to civil prison, the court will fix a monthly subsistence allowance. Suppose the court fixes Rs. 4,000 per month for Anil's subsistence.
3. Advance Monthly Payments: Priya must pay this Rs. 4,000 monthly allowance in advance before the first day of each month to the court officer.
4. First Payment: The first payment must cover the remaining days of the current month before Anil is committed to prison. If Anil is committed on the 25th of the month, Priya must pay Rs. 800 for the remaining 5 days.
5. Subsequent Payments: Subsequent monthly payments must be made to the officer in charge of the civil prison.
6. Costs in Suit: The sums paid by Priya for Anil's subsistence will be considered costs in the suit, but Anil cannot be detained or arrested solely for the non-payment of these subsistence sums.