MEGHA RANA Vs. KANWAR SAMIR

JUDGEMENT

(1.) The present civil revision petition has been preferred by the decree-holder/wife against the order dtd. 11/10/2021 passed by the Family Court, Panchkula dismissing her execution petition as unsatisfied with liberty to file a fresh execution petition on the same cause of action as and when any particulars of the judgement-debtor/husband regarding his address in India or any property in India comes in the notice of the decree- holder/wife.

(2.) The parties to the lis were married on 16/1/2011. However, the marriage did not work out for them and vide judgement dtd. 20/5/2014 (Annexure P-1) the Additional District Judge, Panchkula allowed the divorce petition filed by the decree-holder/wife under Sec. 13(1)(i)(a) of the Hindu Marriage Act, 1955. The Court dissolved the marriage of the parties and also directed the judgement-debtor/husband to pay permanent alimony and maintenance of Rs.60.00 lakhs to the decree-holder/wife.

(3.) The decree-holder/wife filed an execution petition (Annexure P-3) for recovery of the amount of permanent alimony and maintenance. The execution petition was sent to the Civil Court at Balachaur, District SBS Nagar for attachment of the properties of the judgement-debtor/husband. Third party objections were filed by one Inderjit Singh contending that the properties sought to be attached were owned by him and not by the judgement-debtor/husband. The said third party objections were dismissed by the Civil Court at Balachaur vide order dtd. 6/9/2021 (Annexure P-6). On the same date, vide a separate order (Annexure P-7), the Civil Court at Balachaur held that the judgement-debtor/husband was not owner in possession of any property mentioned in the list of property supplied by the decree-holder/wife and therefore the file be sent back to the Court of the District Judge, Panchkula. After receipt of the file by the Family Court, Panchkula the impugned order dtd. 11/10/2021 was passed dismissing the execution petition as unsatisfied with liberty to file a fresh execution petition on the same cause of action as and when any particulars of the judgement- debtor/husband regarding his address in India or any property in India comes in the notice of the decree-holder/wife. Hence, the present civil revision petition.