Refusal of adj for compliance /execution of order passed
Querist :
Anonymous
(Querist) 20 December 2024
This query is : Open
Respected Sir,
I had filed custody case for my son. I had filed another interlocutary application for education from reputed school. As lower court refused to hear my application, I has forced to move before Kolkata High Court. High Court has directed to dispose my application for education within two months.
In the meantime I had admitted my son at Kendriya Vidyalaya with consent of opposite party. But after a few days my opposite party admitted my son in Bengali Medium free school. After eight months of receipt of High Court order ADJ has passed order to send my son to Kendriya Vidyalaya immediarely.
But opposite party refuse to comply order of Court regarding schooling although I am ready to bear all expenses like school fees, dress, books etc. I filed a petition for execution before ADJ on today. The Learned ADJ refused to take any action for Execution of his Own Order by saying "I have no power to execute the order"
Seeing the opportunity, my opposite party filed a petition claiming maintenance for my son @1lac per month which they claimed is required for sending my son to bengali medium free (ICDS) school.
Kendriya Vidyalaya sent me a letter for strike out name of my son-if my son will not attend school immediately.
Respected Sir,
Can ADJ has not power to execute own order ?
Is best quality education & welfare is not paramount consideration ?
I am under depression, kindly help me
T. Kalaiselvan, Advocate
(Expert) 20 December 2024
If ADJ has returned your execution petition then you may enquire about the court empowered to entertain execution petitions and file it before the appropriate court.
What is your advocate opinion in this regard.
Querist :
Anonymous
(Querist) 20 December 2024
ADJ has accepted execution petition, but refused to deliver any judgement on today.
Can I file petition under 39(e) and 43(4) of the Guardian and Wards Act ?
Querist :
Anonymous
(Querist) 20 December 2024
ADJ has also refused to pass any judgement for execution in future.
Querist :
Anonymous
(Querist) 20 December 2024
Can I have right to look after welfare of my son?
