Execution

Dear learned friend,

Let us know the detailed facts and the prayer in the petition to enable us to reply.

I am attaching the whole Application under O.21 R.58

A decree for divorce and allied claims are a matter of personal right and cannot be enforced against property of others or legal heirs.  Assuming the prayer of the DH to be claim over the properties of JD, the facts presented by you clearly shows that DH has no right over the properties as they are your client's self earned properties and the deceased JD himself has no right over the same.  Whilst such being the situation the claim of DH falls to the ground.  The application filed by you attached herewith is clear and the claim of DH will not be considered. So dont worry. 

If you want to give the children some money, then after the disposal of the case you shall enter into an agreement with the DH (as she is the guardian of the children) to pay some money as token of love and affection or gift or deposit any amount in a bank in the name of the children.  But you shall do this after the disposal of this case.

Dear Krishna,

Thanks for the picture; that is exactly the thing which I am thinking and also one more thing that JD had died on 17th December 2009 and hence the execution can only be brought against the LR's and the children are the LR's who are in the care and custody of the DH. Also I have suggested to my client to go for Guardianship of the children and out of two to go for the male child and then only a valid agreement can take place else the DH will not left any thorns in the way of the grand father of the children of JD.

Any way thanks again and welcome always for your kind consideration.

Gulshan Tanwar