pun (eng) 23 February 2013

Execution petition in dv for child custody

Hello Members,

I want to know if filing an execution petition to execute the child visitaton order is maintainable. Under which provision of DV of CRPC I can apply for it.

Thanks

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5 Replies

Advocate M.Bhadra 23 February 2013

If you have apply under Domentice Violation Act then you can file a petition under sec.97 Cr.P.C.On the other hand if you approached under Wards and Gurdian Act then you can file an application under Order 21 Rule 10 of Civil Procedure Cose.

pun (eng) 23 February 2013

as the proceedings under DV act are under CRPC, can we use any procedure under CPC in this matter.

Arvind Singh Chauhan (advocate) 23 February 2013

Yes court may adopt any procedure.

pun (eng) 23 February 2013

can you please guide in detail.. As i already filed an execution petition and wife in her say has challenged the maintainability of the application on the grounds that there is no provison in DV or CrPC to act on such application.