My case falls within the ambit of Christian Marriage and Divorce where my wife is seeking Judicial Separation since November, 1210 but recently the family court has declined in granting her Judicial separation as she could not prove her case. But on contrary, the court has fixed an exorbitent amount of maintenance of two minor children to be paid by me since institution of the case and decree passed in her favour. Accordingly, my wife has lodged execution of the said decree passed against me (in the same family court) amounting to Rs.2,90,000/- to be paid in lumpsum and in absence thereof consequences of arrest and property attachments etc.
On the other hand, a decree amounting to Rs.14,58,456/- has also been passed in favour of me and against my wife who willfully grabbed this amount from my personal Bank A/C (being a Bank Manager) which is now pending in another court of law for want final orders for recovery proceedings. The counsel of my wife is trying to avoid further proceedings of the court for one pretext or the other and even not attending the court on fixed dates and just lingering/avoiding execution process finally.
I need a comprehensive reply in accordance with law ... whether there is any precedent or authority on this issue when both the decrees in hand are standing in paralle what course of action need to be done by both the civil courts to deal with both the decrees executable within the same umbrella or it would be dealth separately. What law of the land says in resolving this issue. Both the cases are running in two different courts.
Answered on: 7/10/13, 11:53 am by Sheikh Mohammed Akram Nazir
these two decrees are two distinct, individual and independent decrees. and even from the courts of different jurisdiction the one is from family court and the other is from a civil jurisdiction.
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