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Court, that has passed an order, competent to execute it: HC

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Srinagar: “A court that has passed an order is only competent to execute it,” J&K High Court ruled today in a petition by a woman seeking execution of a subordinate court order that directed payment of monetary relief by her estranged husband.

“Only the court that has passed the order is competent to execute the order,” Justice Sanjay Dhar ruled in a writ petition filed by one Mst Rifat through her counsel Parvaiz Nazir.

The applicant Rifat wanted the bench of Justice Dhar to pass a direction to the Principal Government Degree College, Khansahib Budgam, to deduct a monthly monetary relief of Rs 8,000 from the salary of her estranged husband Mohammad Subhan Wani. She also prayed the payment of the pending arrears from the account of Wani, an employee in the college.

Rifat had approached the court of Judicial Magistrate 1st Class Budgam under Sections of the Protection of Women from Domestic Violence Act, 2005. Trial Magistrate in 2020 had passed an order inter alia, directing the respondent Wani to deposit monthly monetary relief of Rs 8000 into Rifat’s account to enable her to take care of her basic essential and health needs.

The order came to be challenged by Wani by way of an appeal before the Additional Sessions Judge, Budgam. Vide order dated 28.08.2021, the Additional Sessions Judge set aside the order passed by the Magistrate.

A further direction was extended to the Magistrate to decide the application of the petitioner afresh after hearing both the parties.

It is this order which was challenged by the petitioner Rifat.

On 20.09.2021, the High Court, while issuing notice to the respondent, stayed the order passed by Additional Sessions Judge.

By way of the instant application, the woman in effect wanted the High Court to execute the order passed by the trial Magistrate.

She averred that she had approached the trial Magistrate but he refused to pass any orders.

“The order which is sought to be implemented by the petitioner through the medium of instant petition has been passed by trial Magistrate and not by this Court. Only the court that has passed the order is competent to execute the order,” Justice Dhar said.

He further observed that the instant application filed for implementation of order of the Magistrate is not maintainable.

Justice Dhar left open to the petitioner to approach the trial Magistrate to seek implementation of the 2020 order.

“The trial Magistrate shall consider the lady’s application expeditiously and pass appropriate orders in accordance with the law,” he suggested.

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