Amit Kumar Singh vs Nivedita Singh
2023 Latest Caselaw 366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3116 of 2022
 
Petitioner :- Amit Kumar Singh
 
Respondent :- Nivedita Singh
 
Counsel for Petitioner :- Munna Tiwari,Priti Singh
 

 
Hon'ble Ajit Kumar,J.

Heard Ms. Priti Singh, learned counsel for the petitioner.

By means of this petition filed under Article 227 of the Constitution, petitioner prays for a direction to the Additional Principal Judge, Family Court, Ghaziabad to get its exparte judgment and order dated 25.2.2022 executed.

In my considered view, the Principal Judge, Family Court himself is a Civil Court for all purposes of not only drawing the proceedings but concluding the same and also getting executed its decree as an Executing Court.

It will therefore be appropriate for the petitioner to apply for execution of judgment and decree by the Principal Judge and as I see no reason why the Family Court concerned would not be acting as a Executing Court to get its order executed, in accordance with law. In the event, the execution application is filed.

In view of the above, I decline to interfere in the matter subject to what has been observed hereinabove.

Accordingly, this petition is consigned to records.

Order Date :- 4.1.2023

Rishabh