Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anirudra Skandan (MTech)     18 February 2026

What is the correct procedure to execute and enforce interim visitation order?

I filed a main petition under section 13 of hindu marriage act 1955 on March 12, 2025. And in that I filed an IA under section 26 of hindu marriage act 1955 to get interim visitation rights to see my minor daughter who is 2 years old. I got an interim order successfully on 20th December 2025, the Hon'ble Court allowed me to see my son on every Sunday between 11 am to 03 PM. But respondent not comply the order till now. 9 Sunday are passed, but respondent not obeying the order. So, my advocate filed an execution petition under section of order 21 rule 32 of cpc for enforcement of interim visitation order and it is returned by Judge saying "How this petition is maintainble under the provision of law, as the respondent violate the order under section 26 of hindu marriage act, hence returned" So, we are filed a new IA under order 39 rule 2a of cpc and it also returned by judge saying irrelevant section. So, in this situation what is the correct approach? 1. To file an IA in main petition or to file Execution Petition separately? 2. If filing IA is correct approach then can you please tell me what is the correct section to file? 3. If filing execution petition is correct approach then can you please tell what is the correct section to file?


 8 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     19 February 2026

1.   File an IA in the main HMA petition under sec 26 of HMA with section 151 CPC. Prayer should be for enforcement of interim visitation order, for directions to respondent to comply, for warning of consequences, for police assistance if required, for initiating coercive steps if willful disobedience of court orders.    Sk Agnihotri, Advocate 9202369623

Anirudra Skandan (MTech)     19 February 2026

@Sk Agnihotri

In Section 26 of hindu marriage act 1955 nothing mentioned about execute or enforce or implement the interim order right? Then how it can be correct procedure? 

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     19 February 2026

1.  In your case, it is an interlocutory order passed in exercise of matrimonial jurisdiction and not a decree can be enforced by the same court under section 151 CPC. Family court has inherent power to enforce it's own orders.

Anirudra Skandan (MTech)     19 February 2026

@Sk Agnihotri,

OK Sir. Thanks for the advise, I will check with my advocate. 

I'm having one more doubt. What if Judge returned by saying section 26 not maintainble. Any other approach 

Dr. J C Vashista (Advocate )     20 February 2026

You should move an application u/s 151 CPC, which your lawyer knows and s/he must have advised accordingly. 

T. Kalaiselvan, Advocate (Advocate)     20 February 2026

The Correct Provision: Section 28A of the Hindu Marriage Act, 1955

Section 28A HMA says:

All decrees and orders made by the court in any proceeding under this Act shall be enforced in the same manner as decrees and orders of the court made in exercise of its original civil jurisdiction. This is the correct statutory route for enforcement.

You must specifically mention that it is an execution under Section 28A HMA, for  enforcement of interim visitation order dated 20-12-2025, due to wilful disobedience by respondent for 9 consecutive Sundays.

Alternately you can file an IA in the main HMA petition under section 151CPC praying for 

Direction to respondent to strictly comply

Warning of coercive steps

Police protection for visitation

Make-up visitation for missed 9 Sundays

In extreme case – modification of custody.

 

P. Venu (Advocate)     20 February 2026

Is this a realtime issue? Intially, is stated "to get interim visitation rights to see my minor daughter" but subsequently it is "the Hon'ble Court allowed me to see my son on every Sunday ........"!


Anirudra Skandan (MTech)     20 February 2026

P. Venu

Sir, it is an realtime issue. While typing the matter, by mistakenly I written as "My son". I tried to edit, but it is not successful. It's a typo mistake and I apologise for that. 

And Finally, By following the advices given by all of the above experts, I requested my advocate to file an IA. If this also rejected, then as per the suggestion of T. Kalaiselavan Sir, me and my advocate are thinking to file in EP to file under section 28a of hindu marriage act 1955. 

Thanks all for your valuable advices. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register