Manipur High Court
Ningthoujam Ongbi Ningombam Sunibala ... vs Ningthoujam Dinachandra Singh on 8 July, 2025
Digitally signed by
KABORAMBA KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2025.07.10
SINGH 10:56:45 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC [CRP (C.R.P. Art. 227)] No. 48 of 2025
Ningthoujam Ongbi Ningombam Sunibala Devi
Applicant
Vs.
Ningthoujam Dinachandra Singh
Respondent
Clubbed with
CRP (C.R.P. Art. 227) No. 19 of 2025
With
MC [CRP (C.R.P. Art. 227)] No. 27 of 2025
BEFORE
HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(ORDER)
08.07.2025
Heard learned senior counsel for the petitioner/applicant,
Mr. Khaidem Mani; and learned counsel for the respondent, Mr. S. Jibon.
Perused the impugned order as rendered by the Family
Court, Manipur, in Civil Execution 10 of 2025 and whereby in this
proceeding, the applicant/petitioner is seeking some sort of stay of further
proceeding in the aforesaid execution proceeding.
The applicant herein in the aforesaid proceeding had
preferred Civil Revision Petition under Article 227 of the Constitution of
India for challenging the judgment and order rendered by the Family Court,
Manipur at Lamphelpat in Judl. Misc. Case No. 137 of 2024 dated
02.04.2025 arising out of Mat (G & W) Suit No. 9 of 2024. Wherein the
impugned order has been rendered by the Family Court by issuing a
direction to the petitioner herein, who is the mother of the two minor
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daughters to hand over their custody to the respondent/father within 7
days from the date of the order.
Being aggrieved by the impugned order, the
petitioner/applicant filed the aforesaid civil revision proceedings under
Article 227 of the Constitution of India and whereby seeking some sort of
stay of the impugned order as being rendered by the aforesaid Family
Court.
However, learned senior counsel in this matter submits that
the stay was already granted by this Court 10.04.2025 in CRP (C.R.P. Art.
227) No. 19 of 2025, indicating as considering the prima facie case of an
issue in between the parties, there shall be an order of interim stay for a
period of four weeks, and thereafter that stay order has not been
extended.
In the meanwhile, learned senior counsel in this matter
clarified the status for seeking some sort of stay of the proceeding of Civil
Execution 10 of 2025 arising out of the proceeding in Mat (G & W) Suit No.
9 of 2024.
However, keeping in view the issues in between the parties
to the proceeding in Mat (G & W) Suit 9 of 2024 and wherein the
proceeding in Civil Execution No. 10 of 2025 has been preferred by the
father in respect of the proceeding in Judl. Misc. Case No. 137 of 2024 with
a direction to handing over the minor children to their father but the father
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is arrayed as respondent in the present civil revision petition proceeding,
accordingly contended.
Therefore, keeping in view Section 151 of the CPC, it is
deemed appropriate that the order rendered by the Family Court in Civil
Execution No. 10 of 2025 dated 01.07.2025 is hereby stayed till the next
date of hearing as per the order sheet.
This stay has been granted as sought for in the aforesaid
proceeding and it is the presence of the learned counsel for the
respondent/father who comes on record by filing vakalatnama.
However, keeping in view the issues in between the
petitioner and the respondent are concerned, it is deemed appropriate that
CRP (C.R.P. Art. 227) No. 19 of 2025 be listed on 05.08.2025.
However, stay has been granted in MC [CRP (C.R.P. Art.
227)] No. 48 of 2025 are concerned, it is deemed appropriate for passing
some suitable order that there is no consequence to keep pending the
proceeding in MC [CRP (C.R.P. Art. 227)] No. 27 of 2025 and consequently,
both the aforesaid applications are hereby disposed of.
However, there shall be stay of proceeding in Civil Execution
No. 10 of 2025, till the next date of hearing.
CHIEF JUSTICE
Sandeep
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