Can an Order of Lower Court be filed for Execution at HC?

Querist : Anonymous (Querist) 12 April 2010 This query is : Resolved
Dear Experts, I want to know Can an Order of Restitution of Conjugal rights of Family Court or Civil Court be Filed for Execution at High Court, If Lower Court failed in getting the Order Executed?

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O. Mahalakshmi (Expert) 12 April 2010
Yes you can filed in High Court for execution.

Raj Kumar Makkad (Expert) 12 April 2010
High Court cannot execute such petition. Only the court which passed the order has power to get executed it if the judgment debtor is residing within its ordinary jurisdictional area.

Kiran Kumar (Expert) 12 April 2010
not at all....High court is not an executing court...as Mr. Makkad advice only the court which passed the first order or decree can execute the order or decree.

in your case since its an order for Restitution for Conjugal rights, pls read Hindu Marriage Act carefully, if the spouse fails to comply with the order then it makes out a ground for divorce for DH.