Refusal of execution of court order by adj

Suraj Kumar (Querist) 21 December 2024 This query is : Resolved
Respected Sir,
I had filed custody case for my son. I had filed another interlocutary application for education from reputed school. As lower court refused to hear my application, I has forced to move before Kolkata High Court. High Court has directed to dispose my application for education within two months. I

n the meantime I had admitted my son at Kendriya Vidyalaya with consent of opposite party. But after a few days my opposite party admitted my son in Bengali Medium free school. After eight months of receipt of High Court order ADJ has passed order to send my son to Kendriya Vidyalaya immediarely. But opposite party refuse to comply order of Court regarding schooling although I am ready to bear all expenses like school fees, dress, books etc.

I filed a petition for execution before ADJ on today. The Learned ADJ refused to take any action for Execution of his Own Order by saying "I have no power to execute the order".

Seeing the opportunity, my opposite party filed a petition claiming maintenance for my son @1lac per month which they claimed is required for sending my son to bengali medium free (ICDS) school. Kendriya Vidyalaya sent me a letter for strike out name of my son-if my son will not attend school immediately.

Respected Sir, Can ADJ has not power to execute own order under section 43(4) of The Guardain and Wards Act ?
Is best quality education & welfare is not paramount consideration ?
I am under depression, kindly help me.

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Quick Summary

A parent is seeking help after an Additional District Judge (ADJ) refused to execute their own order concerning a child's schooling, despite the parent offering to cover all costs. The ADJ claimed they lacked the power to enforce the order, while the other party filed for substantial maintenance. The parent is distressed and questioning the ADJ's authority under the Guardian and Wards Act, 1890, especially concerning the child's welfare and education.

T. Kalaiselvan, Advocate (Expert) 21 December 2024
You have repeated the same question in another thread today itself and many experts have given their opinion.
\You may visit that thread for knowing my answers instead of opening a new thread with your same question.
You must have a control over your anxiety.

Dr. J C Vashista (Expert) 22 December 2024
Very well observed by learned senior expert, Mr. T Kalaislevan same query is being repeated time and again, as found from profile of the author, which is absurd and ridiculous. Some of them are as follows:
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replied to a query in Experts My daughter is refused to stay with me.
asked a query in Experts My daughter is refused to stay with me.

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Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=226521

Presumably you must have availed professional services of a local lawyer, what is his / her opinion and advise ? Why do you need second opinion and advise except the fact it is available FREE OF COST ??

P. Venu (Expert) 16 March 2025
Yes, the query is an artifice than a real-time query. The querist's profile suggests that he is having some fun by making the experts to run after such imaginary hyperboles.

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