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Passionate   26 July 2015

Ep for child custody

I have got the decree in favour of child Custody to me.

I want to file an execution petition.

Can some one please tell me under what rule should I apply for the executiion of decree..

 

Thanks



Learning

 4 Replies

prabhakar advocate (advocate)     26 July 2015

Execution petitions come under Order XXI of CPC.  What you should do is to file execution petition in the same court where you got your custody orders.  Along with your E.P. you should attach the certified copy of the order/decree passed in your favour, the list of movable / immovable property of the Judgment debtor (the other party) along with Vakalatnama.  The other party will be served notice.  The court prevails upon the other party to give you custody of the child.  If the other party does not relent, then you have to move application for warrant of attachment of property or arrest of judgment debtor for execution of the order/decree.  So file execution petition as said above.

Passionate   26 July 2015

Thanks a lot for your reply..Please help me, I want to file the EP tomorrow..

Execution petitions come under Order XXI of CPC.

What is the rule number under 21 of CPC should I refer to for custody of wards..

prabhakar advocate (advocate)     26 July 2015

Why such hurry?   Any how, you need not mention even order XXI.  Simply file execution petition with a heading :  "Application for execution of decree/order dated........ passed by the hon'ble ........... in case No..........."

No need to mention order or rule.

kilimanjaro (md)     16 August 2015

How long does the ep process take times ? to the the execution order ?


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