Execution of custody order
S.Lakshmikanthan
(Querist) 23 July 2015
This query is : Resolved
hello experts,
i am an advocate, i need ur help regarding my client's case:
my client petitioner husband filed sec 25 petition under guardians and wards act for appointing him as guardian of his 3 yr old daughter. he also got interim custody, and his petition was allowed exparte, but till date it was not obeyed by the respondent.
so my client decided to file execution petition under order XXI for arrest of the respt on failure of compliance of the order before the same family court. my colleagues said to file sec 151 cpc petition for police help and said that there is no other provision under order XXI for such prayer for arrest of the respt on failure of complying the order. my doubt is that what is the correct provision for filing the execution petition for the above case, if not under what section my client has to file. please guide me. thanks in advance.
P. Venu
(Expert) 24 July 2015
You can move a Contempt Petition against the respondents.
M V Gupta
(Expert) 25 July 2015
Dear Mr. Lakshmikantan,Section 25 provides for enforcement of the order for custody of the minor child. Sub section (1) provides--" for the purpose of enforcing the order, (the court) may cause the ward to be arrested and to be delivered to custody of the Guardian." (Bracketed portion is supplied by me for clarity). Hence, file application before the court itself seeking enforcement of the order under Sub Sec (1) ibid.
Chanchal Nag Chowdhury
(Expert) 27 July 2015
151 CPC is of no use in your case.Take steps for production of the child throgh issuance of order by the court follwed, if need be, by issuance of Arrest warrant upon the person in whose custody the child is.
T. Kalaiselvan, Advocate
(Expert) 29 July 2015
