Published on: 20 October 2022 at 23:29 IST
Court – Supreme Court of India
Citation – Navneet Wadhwa v/s Simran Wadhwa (2022)
Hon’ble Supreme Court of India has held that a Petitioner cannot seek transfer of execution proceeding under Section 125(3) and Section 128 of the Code of Criminal Procedure, 1973 to another Court once the order fixing maintenance attains finality.
Para – 14
In all these three petitions, the Family Court passed an order on 18.01.2019 directing the petitioner-husband to pay the entire arrears of maintenance within one month as a condition precedent for deciding the application for modification.
Para – 15
The petitioner did not challenge the said order dated 18.01.2019. On the other hand, he has come up with the above petition for transfer of the proceedings.
Para –16
Once, the order fixing maintenance has attained finality, the petitioner cannot seek a transfer of the execution pending under Section 125(3) of the Code of Criminal Procedure to another Court.
Drafted by – Abhijit Mishra
Key Words – Execution, Maintenance, Transfer Petition.