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Akash Varma   25 December 2015

Execution period of family court order

I have been divorced since 15 years, Which was mutually agreed settlement where I had paid a lumpsum amount to my ex-wife for getting divorced and in return the court ordered to transfer a property which I had taken in her name back to me. She had agreed to this. But  due to some reasons I didnt transfer the property right away,, where as I continued using the said property as I deemed fit, and since then,  15 years have elapsed.. Now since I have decided to transfer the property in my name as per the said court orders,  I would like to know if my ex-wife can contest such court order on the basis of delay in executing the orders.  Kindly let me know your expert advice on this matter.

Thanking you in advance.



 7 Replies

pradeep gupta (lawar)     25 December 2015

Plz send your papers to me pradeep905@yahoo.co.in praddep gupta advocate

SAINATH DEVALLA (LEGAL CONSULTANT)     26 December 2015

UR query is not clear in expression.U said "the court ordered her to transfer the property in her name,later U mentioned that U didn't transfer the property right away"/clarify.

sridher (system analyst)     29 December 2015

in this 15 years what the court has did and what is your ex-wife did? i think u r under contemp of court order

K.S.Srinivas (Advisor (HR))     30 December 2015

Please post details as there is no clarity in the post as opined by Sri Sainath Devalla.

T. Kalaiselvan, Advocate (Advocate)     05 January 2016

No doubt an EP can be filed within 12 years of the court order, in this case in my opinion, you may try to get the property transferred on your name now, if you wife objects to it and seeks injunction on the said grounds through  court of law, you may challenge it stating that though you have not initiated the process of transferring it on your name, you have physically taken possession and had been living in the same property ever since.  You may produce the documentary evidences for this . 

prabhakar advocate (advocate)     05 January 2016

I agree with Sh. Kalaiselvan.  First talk to her and convince her and get the property transferred.  If she refuses, then you have to file execution petition along with condonation of delay application. 

Akash Varma   23 January 2016

Thank you for your valuable advice. I had my doubts cleared on reading Mr. Kalaiselvan's & Mr. Prabhakar's reply. Else I was worried of being in contempt of the said court order. Now, will proceed as adviced. God bless!


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