bhanudassss (service) 16 October 2017

Recovery of interim relief after disposal of main case

In a child custody matter, the court gave interim visitation of the child but never obeyed by the opposite party for years even after filing of execution petition and court merged the execution petition in the main custody petition and decided it finally without any recovery of interim visitation. Can court merge interim execution petition in the main petition without giving any visitation recovery of it?

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B.N.Raja Mohamed (ADVOCATE) 16 October 2017

Sir,

Disobedience to the order of the court leads to civil contempt and the contemnor has to face arrest and detention.When an interim order is passed the court must endeavour to get it executed rather clubbing with the main original petition thereby making the order futile.