Execution of decree of child custody

Udit (Querist) 23 April 2018 This query is : Resolved
Sir/s,
Please advise whether an execution petition be filed in the family court if the appeal in the high court is pending but the stay has been vacated. The family court granted custody to me against which an appeal was preferred by the opposite party. During admission of appeal stay was granted against the operation and effect of the family court order, which was later vacated. My question is:
Whether an execution petition be filed during the pendancy of the appeal in the high court and the court concerned shall execute its order in this circumstances.

Regards...

Follow Query

Report Abuse

Udit (Querist) 23 April 2018
Please advice

Udit (Querist) 24 April 2018
Please advice

Guest (Expert) 24 April 2018
If Family Court given custody of child to you, you should have filed execution petition immediately seeing whether OP does obey court order or not. Now OP gone for appeal, first check whether stay is granted. Stay usually granted for 21 days or so. Meantime lower court records will be called and matter looked into. If stay not granted, then give execution petition in family court, if it gets accepted well and good or else you contest the appeal of OP in High Court and file your version when asked for by the HC.

Udit (Querist) 24 April 2018
Thank you very much.

P. Venu (Expert) 25 April 2018
What is the age of the child? What are the grounds on which the custody has been given to the father? Why the stay has been vacated?

Anyhow, you can move for execution, given the nature of the decree. If the Family Court does not agree, you can try to expedite the Appeal in the High Court on that ground.