Nit (Learning Law) 09 October 2025

Under which section can we file an execution petition to implement transfer order ofaintenance case?

My wife filed maintenance case under section 144 of BNSS in Magistrate court. I filed a transfer petition under section 448 of BNSS in District Court to transfer maintenance case from Magistrate Court to Family Court. I got order in favor me, I got order on August 06, 2025 which is more than 2 months ago, But Magistrate Court Registry is not transferred the case till now.

So, I'm thinking to file an Execution Petition. Can you please tell me under which section can I file Execution Petition?

Note : This Particular Case, I filed In Person.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 09 October 2025

There's no provision for executing the court orders in criminal case, you may have to wait for the magistrate court to transfer the records to family court after completing necessary procedures in this regard.

You may have to wait

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Dr. J C Vashista (Advocate ) 10 October 2025

The facts / question posted appear to be hypothecated.

What is the advise of your professor / tutor / coach ?

P. Venu (Advocate) 10 October 2025

What are the Case Nos.? Which Court?

Shashi Dhara 11 October 2025

If your wife file maintenance if youdont pay she hasto file execution but whom against you file ep.

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BVSPR- ADV Hyderabad (Advocate) 14 October 2025

Execution Petition as such is not typically applicable, because execution petitions under the BNSS are meant for enforcing judgments, orders, or sentences. A transfer order is an administrative/judicial direction to transmit records, not a decree or sentence

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