Family court recovery / execution proceedings-crpc-125
Tejas
(Querist) 06 March 2017
This query is : Resolved
Experts, Please advise– Family Court FC- Recovery / Execution proceedings-CRPC-125. Wife files CRPC 125 in Family Court in the STATE of A (FCA), where none of the parties Resided for 19 years - by showing C/O address & that property does not exist even. Along with petition itself she filed documents to show that (i) She resides in City B in another STATE of B i.e. live & License of flat along with Electricity Bills of past 1 year confirming actual physical residence & working as Doctor in City B. He had Objected Jurisdiction in W.S., but still assumed Jurisdiction.
HC rejected Husband’s Revision of CRPC 125 Decree filed on 5 grounds (No Jurisdiction, Fraud, Desertion, working etc) . Then he filed Objection [ S-47, S-21 (3) CPC] in Execution Proceedings in FC on 2 grounds – Decree obtained by Fraud & Collusion from Court having No Jurisdiction is Null & void- cannot be executed. Can challenge any time in any court. Every court even lowest court is competent to cancel the decree. Principles of Res-judicata not applicable for Fraud & lack of Jurisdiction. Gave many SC Case Citations.
FC rejected my objection stating that -(i) This is criminal Execution - court’s job is only recovery and objections under Execution Rules of CPC not applicable- since this is Not Civil Execution (ii) Since High Court rejected your Revision Petition – U cannot question the Jurisdiction & fraud again (iii) You may file cancellation of decree U/s-127(2). [ I did not file U/S-127, since when Decree Does not Exist, No Question of filing Change of Circumstances. If I file, then it amounts that I admit that Decree is Not Null & void].
ïƒ Since spouses divorced by Mutual consent & one of the term of consent is -husband to pay maintenance till 9-9-16. Earlier he paid some amount. Now the balance is about 30K, which he can pay & forget. But if he wants to challenge (since this case has made a dangerous precedence) what R the options. Pls advise
1)Whether Husband was Right in objecting execution on grounds stated above?
2)Whether FC was right in rejecting the objections on reasons stated above?
3)Can He go to HC again against the Order Passed in Recovery Proceedings? If yes (a) Civil or Criminal Appeal ? or (b) Criminal Revision ? Time Limit ? (c ) Writ U/A-226, 227 ?
4) Since None of the parties Resided in that state past 19 years, not even today, can He file in the state where parties actually Reside ?
I can give full details also if required
Tejas
(Querist) 14 March 2017
Experts please advice me.
