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Dhyan Singh (service)     10 August 2024

Execution petition for enforcing visitation order

Dear All, 

I have 2 kids. I filed GWA petition last year and got visitation order in court premises, 2 times in a month. Wife is bringing only 1 child for visitations. I filed IA in family court and asked for directions to abide by the court order. The court gave directions but wife is defiant. Now, I want to file execution petition in the same court where my GWA is pending. Please guide on the following:

  1. Is execution petition maintanable u/s 18 family court act?
  2. Can someone help me in drafting the execution petition?
  3. Would it be a new case which is separate from the GWA case?


Learning

 4 Replies

P. Venu (Advocate)     10 August 2024

The alleged lapse on the part of the wife is contumacious. As such such you need to file a petition for Contempt of Court.

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

I agree to the opinion of learned expert Mr. P Venu.

It will be considered as an act of contempt of court,  hence you can a petition before the same court against her for contempt of court order 

 

Dr. J C Vashista (Advocate )     11 August 2024

It is advisable / better to move Contempt of Court case though your lawyer instead of execution of order, as advised by learned senior expert Mr. T Kalaiselvan, which I concur and appreciate.

Saloni Pande   13 August 2024

I am sorry to hear about the difficulties that you are facing regarding your  court visitation  order. The following steps can help you out:

Keep a record of every instance at the times when your wife has not complied with the visitation order. Keep all the dates, times and if any communication made from your end regarding your visits.

You can also file a motion in the family court to enforce the visitation order. This make your wife ot comply with the visitation order to be followed

Once the motion is filed mention all the documentation that you have recorded of the violation, this will support your case and show the court that the visistion order is not being followed and it will point out the disobedience done by your wife in accordance with the compliance of the courts order

Be ready to attend all the court hearing where you can present your case, the Judge will review the evidence and may issue orderds to enforce the schedule regarding visitation

As you have mentioned the maintainance of execution petition under sec 18 of the Family Courts act the following could be taken into consideration :

The sdec 18 of the Family Courts Act, 1984 deals with the execution decree and order passed by a family court, in accordance with this section any decree or  order passed by a family court has the same effect as a  decree of order of a civil court.

These orders and decree are executied in manner as prescribed by the Code of Civil Procedure,1908.

In terms, the meaning states that if a decree or order issued by a family court, the agrrived party in whose favour the passed decree (the decree-holder) may file an execution petition to enforce the decree against the other party. The process of execution involves various steps like attaching the judgment-debtor property.


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