A decree or order may be executed either by the family cour

What is the opinion of your advocate?

Originally posted by : P. Venu
	What is the opinion of your advocate?

He got his fees so not much bothered about it , i have to call him and remind him my case hearing date. unfortunately i trusted this advocate and been with his so far bcoz technically he is ok .

His answer is lets see whats going to happen .

Some even suggested me to file a writ petition in high court under article 227 for which my lawyer said it cannot be done such way.

Due to the fault of the judge i my one year is wasted in the execution petition and now if its transfered to another state again i have to go thru the complete procudure and spend one more year .

your question is not clear. Have you filed the execution petition in the karnatka family court which had passed the decree? if yes then you need to see what you get by execution of the order? does the court have jurisdiction to get what you are looking for? if no then you need to move an application to transfer your execution order to the court in which your purpose can be solved. The court would do the same as per law applicable but all those depend on the decree and your execution petition. 

Originally posted by : Sanjay Gautam
	your question is not clear. Have you filed the execution petition in the karnatka family court which had passed the decree? if yes then you need to see what you get by execution of the order? does the court have jurisdiction to get what you are looking for? if no then you need to move an application to transfer your execution order to the court in which your purpose can be solved. The court would do the same as per law applicable but all those depend on the decree and your execution petition.

I filed for the execution in the karnataka court and judge sent summons and after 4 summons party didnt appear so judge gave orders for paper publication and after that judge said posted for order and gave a date

In the next hearing date i went to the court , judge was asking ? why did you file this in karnataka ? so the judge never opened the execution petition and read it properly 

How can the judge be so careless , I have waited for 10 months and now this transfer to the other state and follow the same procedure ? another 10 months be gone ?

please clarify what is the relief in the decree? 

Originally posted by : Sanjay Gautam
	please clarify what is the relief in the decree?

Thank you for your response sir

My Gwop petition was set exparte in karnataka court , i tried getting my children but my wife denied and using political and police to threaten me 

So i applied for execution petition for my gwop 

The prayer in that is to secure my children from my wife and hand over the custody to me as im the legal guardian 

there are some options available for you instead of transfering the execution in the present court but the same can not be excercised unless have full knowledge of the petition and the decree and your execution petition. so better you consult with your advocate and explore the options available to you at the present court. 

The lawyer has got his full fees , So im sure he is not working much , I spoke to him two days aga , he said we can only request under section 9 and cant do anything

I even suggested him to file a writ petition under article 227 for which my lawyer said it will be dismissed.

Sir could you provie me other options to secure my children without getting this case transfered ?

Habus corpus will not work as i see most of such case judge order mother to retain custody

the prayer in the execution decree is quite simple

Based on the exparte order the petioner has the full court order to be the guardian , hence kindly secure the children from respondent to the petitioner. 

Please understand, the execution can not be effective if you can not get your children as per the decree, the present court has no jurisdiction as your children is living in different jurisdiction hence move an application u/s 38 and 39 of CPC to transfer the execution proceeding to the jurisdiction in which your children is living at present in the present scenario. what ever be the procedure of the court in the new jurisdiction you need to follow

Do i have to spend same amount of time  or the court to which if the case gets transfered will consider a speedy trial ? or i have to follow same amount of multiple summons paper publication and then for orders ?