Subeer Vishwas vs Mamta Vishwas
2023 Latest Caselaw 20217 MP

Madhya Pradesh High Court

Subeer Vishwas vs Mamta Vishwas on 1 December, 2023

                                                             1
                           IN      THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK JAIN
                                              ON THE 1 st OF DECEMBER, 2023
                                              MISC. PETITION No. 4165 of 2023

                          BETWEEN:-
                          SUBEER VISHWAS S/O SHRI SHAMAL VISHWAS, AGED
                          ABOUT 34 YEARS, OCCUPATION: BUSINESS R/O
                          BILONGI TELIYAN POLICE STATION WAIDHAN
                          DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)

                          AND
                          1.    MAMTA VISHWAS W/O SUBIR VISHWAS, AGED
                                ABOUT 29 YEARS, R/O VILLAGE AND POST
                                BHAYNA POLICE STATION HANSKHALI DISTRICT
                                NADIYA (WEST BENGAL)

                          2.    AYUSH VISHWAS S/O SUBIR VISHWAS, AGED
                                ABOUT    10     YEARS, OCCUPATION: MINOR
                                THROUGH ITS NATURAL GUARDIAN MOTHER
                                MAMTA VISHWAS R/O VILLAGE A N D POST
                                BHAYNA    P.S. HANSKHALI DISTRICT NADIYA
                                (WEST BENGAL)

                                                                                       .....RESPONDENTS
                          (NONE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

Present petition has been filed seeking direction to the Executing Court of competent jurisdiction to execute decree dated 13.09.2022 passed by the Family Court District Singrauli, M.P.

2. Learned counsel for petitioner submits that a decree has been passed

in favour of the petitioner under Section 10 of the Guardian and Wards Act 1890 by the Family Court Singrauli, M.P. It is further submitted that when he filed application for execution of the said decree before the Court at Singrauli, it came on record that the judgment debtor resides at Nadiya which is district of State of West Bengal. Accordingly, the petitioner-decree holder moved an application for transfer of the decree and upon his application, the executing court vide order dated 26.04.2023 has transferred the decree to family Court Ranaghat District Nadiya (West Bengal).

3. Now the actual grievance of the petitioner is that the Family Court at District Nadiya is not taking up the said execution proceedings.

4, The Court situated within the territorial jurisdiction of this High Court has already transferred the decree to the Court situated outside the supervisory jurisdiction of this Court. In my opinion this court cannot exercise supervisory jurisdiction over the family Court situated at District Nadiya (West Bengal).

5. Consequently, the petition is dismissed for want of territorial jurisdiction reserving liberty to the petitioner to approach the competent Court for the relief as sought in the present petition.

(VIVEK JAIN) JUDGE MISHRA