kilimanjaro (md) 30 July 2016

Where to file gwop execution petition ?

i Have received exparte order in gwop case and also file Execution petition for the same in Karanataka court , my wife took my children aged 5 and 7 almost 2 years ago.

Now should i file execution petition in karnatake or in mumbai where my children are currently staying ?

the GWOP order is from karanataka Court , So can i file in karanatake court for the execution of custody ?

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4 Replies

Sanjay Gautam (Advocate) 31 July 2016

you need to file execution petition in the same court from where you got the decree.... the court would transfer the execution if required to the jurisdiction where it need to be executed if it has no jurisdiction but you need to file an application in that regard too.

kilimanjaro (md) 31 July 2016

jurisdiction ?

so family court regarding execution petition cannot give orders to execute in a different state ?

like mumbai family court cannot give execution order in bangalore if the child is in bangalore ???

Sanjay Gautam (Advocate) 31 July 2016

The court which decide the matter and give you a decree has the power to execute only. That court has the power to tansfer the decree for execution to another court, if your relief in the decree can not be satisfied by the same court having passed the decree, to the court havieng jurisdiction of satisfying your relief in the decree.