Legal Question in Family Law in India
Mirroring UK court order in Indian courts
Section 44A of the Civil Procedure Code (India) says:
Where a certified copy of a decree of any of the superior courts of any
reciprocating territory has been filed in a district court, the decree
may be excecuted in India as if it had been passed by the district
court.
My question is: Can the foreign (UK) court order be filed prior to any violation, and if so, what is the procedure? (This is in the matter of a UK court order relating to a child with a British mother and Indian father spending holidays in India.)
3 Answers from Attorneys
Re: Mirroring UK court order in Indian courts
Kindly send details of the order passed by the UK court.
Re: Mirroring UK court order in Indian courts
Your query is not very clear - what is meant when you say "..... prior to any violation". Please clarify.
Generally speaking, as you have correctly stated, adecree passed by the UK Court may be executed by an Indian Court, by way of filing an application for execution of the decree in an Indian Court of comeptent jurisdiction.Under S.44(A)(2), the cerified copy alongwith a certificate from the court passing the decree regarding satisfaction or part thereof or non-satisfaction, is required to be filed alongwith the execution application.
Re: Mirroring UK court order in Indian courts
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards and happy new year
Satish Maheshwari.
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