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JURISDICTION

JURISDICTION EXECUTING COURT FOR JUDGEMENT AND DECREE OF CIVIL JUDGE SENIOR DIVN. ORDERING MAINTAINENCE OF RS.3000/ FOR WIFE AND RS.3000/- FOR MINOR SON. UNDER HINDU ADOPTION AND MAINTAINENCE ACT.WIFE RESIDING AT MAHARASHTRA PRAYED FOR 1.ATTACHMENT OF PROPERTY 2.ARREST AND DETENTION OF HUSBAND RESIDING AT MADHYA PRADESH . HUSBAND RAISED OBJECTION ON JURISDITION OF MAHARASHTRA COURTS TO EXECUTE THE DECCREE .MATTER PENDING AT HIGH COURT.CITATIONS REQUIRED ON BEHALF OF WIFE TO EXETUTE DECRE IN MAHARASHTRA

JURISDICTION OF EXECUTING COURT.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 May 2009

Maharastra Court cannot pass an order of attachment of property and arrest of the husband. The exeuction court will be the Senior Division Madhypradesh. Wfie has to file an application to transfer the exeuction petition to the Senior Division court in whose jurisdiction her husband is residing.

Ajay kumar singh (Advocate) 10 May 2009

The execution case can be transferred to the court of civil judge in whose jurisdiction the husband resides or his properties are situated in Maharashtra and that court can very well execute the decree.

V.S.R.Deekshitulu (B.Sc, B.L) 16 May 2009

Since the decree is passed by the court at Maharashtra, and as the J.Dr(Your husband) is residing some where in Madhyapradesh, and he has property only at Maharashtra, you have to get the decree transferred to the appropriate court at Maharashtra where the property is situated and then execute the same. This is what is called "Transfer of decree".

Srinivas.B.S.S.T ( Advocate) 17 May 2009

It is a settled law that the court passed decree is alone empowered to execute it. As the properties to be attached are situated outside the jurisdiction of the court. You have to file execution petition before the court which passed the decree and seek transfer of the decree to the court within whose jurisdiction the properties are situated please refer to Section 136 CPC(precept) Regards Srinivas BSST