Execution of maintenance order in foreign country
Tushar
(Querist) 21 July 2009
This query is : Resolved
Indian court passed an order under the provisions of Hindu Marriage Act for maitenance in favour of wife against Shri Lankan citzen residing in Shri Lanka.How the order passed by Indian court can be executed in Shri Lanka and under which provision of law or treaty.
Khaleel Ahmed Mohammed
(Expert) 21 July 2009
The Order can be executed through Sri Lankan High Commissioner to India.
Khaleel Ahmed Mohammed
(Expert) 21 July 2009
The Order can be executed through Sri Lankan High Commissioner to India.
charudureja
(Expert) 26 July 2009
Mr. Ahmeed is right such order shoud be sent to Sri Lankan High Commissioner to India and in this way it can be executed. if u go through sec 13, 14of cPc it talks about foreing judgements, which can be executed in india through indian high commision and so is vice versa.
Tushar
(Querist) 26 July 2009
Dear Charudureja,
I would like to draw your attention towarads sec.13 and 14 of C P C
SECTION 13 : When foreign judgment not conclusive
SECTION 14 : Presumption as to foreign judgments
Abovementioned provisions of C P C are for the judgements passed in foreign,whereas my quary is pertaining to the order passed by Indian Court and under which provisions of law of treaty it can be executed outside india.
Mffr. Ahmeed has suggested service through High Commissioner but I would like to know from Mr.Ahmeed under what provisons of law or treaty High Commission is empowered to execute ordere passed by Indian Court.Remember order passed is order of maintenance and how and under what athourity of law or treaty Indian High Commission can appraoch foreign citizen and compel him to amount of maintenance and his refusal what steps can be taken by Indian High Commission and under which law or authority it can take actions against defaulting foreign citizen husband.
