ARUNIMA P.T Vs. ANOOP

JUDGEMENT

(1.) The questions that arise for consideration in this original petition are as follows (1) whether Section 18(3) of the Family Court Act, 1984 is subject to Section 39(1)(a) and (4) of the Code of Civil Procedure. (2) whether the Family court, which passed the decree, can execute a decree personally, against the judgment debtor, who ordinarily resides or works for gain or carries on business, under the jurisdiction of another Family court.

(2.) The petitioner and the respondent are wife and husband. Their marriage was solemnised on 20.08.2008 and a male child was born to them in the said wedlock. Due to the difference of opinion, they fell apart and that culminated in institution of suits as O.P.Nos.251/2014 and 345/2014 before the Family Court, Muvattupuzha. Both cases were referred to mediation and settled in mediation. A compromise agreement was entered into between the parties and a compromise decree was passed accordingly. But, the respondent did not comply the terms of the compromise decree. The petitioner filed an execution petition as E.P.No.32/2017, before the very same court and sought arrest and detention of the respondent in civil prison. The family court entertained the execution petition and proceeded with the same for sometime. However, the respondent filed objection stating that the execution petition is not maintainable under Section 39(4) of CPC. After considering the rival pleas, the Family Court, Muvattupuzha passed the impugned order, directing the petitioner/wife to file an application, under Section 39(1) of CPC, for transferring the decree to the court, within whose jurisdiction the respondent-husband is residing, on a finding that the Family Court which passed the decree cannot entertain the execution petition seeking arrest and detention of the judgment debtor, who resides within the jurisdiction of another Family Court, in view of the provisions under Section 39(4) of CPC. The legality and correctness of the aforesaid findings are challenged in this original petition.

(3.) Heard the learned counsel for the petitioner.