KADHEEJA KALLADI PUTHANPURAYIL Vs. MOHAMMED NAZIR ABDUL AZIZ

JUDGEMENT

(1.) The petitioners are the decree holders of a decree passed by the Court in UAE. The decree was obtained on 19.09.2018. The Central Government issued a notification on 17.01.2020 in exercise of the power conferred by Explanation 1 to Section 44A of the Code of Civil Procedure, 1908. By virtue of this notification, the decree obtained from UAE has become executable in India.

(2.) The petitioners filed execution petition before the Family Court, Thrissur. The Family Court placing reliance on the judgment of the learned Single Judge of this Court in Manoj Moolekkudi Subramanyan v. Rajesh Palliparambil Ravi [2020 (6) KHC 87] dismissed the execution petition holding that it is not maintainable. The learned Single Judge in Manoj Moolekkudi Subramanyan's case (supra) held that notification dated 17.01.2020 is having only prospective application and it has no retrospective effect. The decree of the UAE Court in this case admittedly was prior to the date of notification and therefore, the Family Court was of the view that no execution petition would lie to execute a decree of UAE Court passed prior to the notification.

(3.) India and UAE entered into a bilateral agreement on 25.10.1999 for judicial co-operation. It is pursuant to such agreement, the Central Government issued notification dated 17.01.2020. This agreement recognizes the execution of the decree of both the countries as though it is a domestic decree.