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Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
Drishti Yadav
13 Aug 2022 5:00 AM GMT
The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband.The Court noted that the husband was not the owner of the properties whose list was furnished to the Executing Court and so the...
The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband.
The Court noted that the husband was not the owner of the properties whose list was furnished to the Executing Court and so the same cannot be attached.
The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been able to show anything that links the ownership of the properties with her husband.
The court was dealing with a case where the parties got divorce and court awarded permanent alimony and maintenance of Rs.60 lakhs to the wife. Wife filed an execution petition for its recovery and the execution was sent for attachment of the properties of the husband. In aftermath, third party objections were filed contending that the properties are not owned by the husband. Due to this, the court dismissed the execution petition as unsatisfied.
After considering the facts and circumstances of the instant case, the court noted that the husband lives in the United Kingdom and from the record available, he has no property in his name in India.
It remarked that the travails of a decree-holder commence after he has obtained a decree in his favour and in the present case wife is still to recover the permanent alimony and maintenance awarded to her in 2014. The Court said it can sympathize with her for the delay but it finds no illegality in the judgement of the Civil Court at Balachaur or the Family Court, Panchkula.
The court dismissed the revision petition with liberty to approach the Court with a fresh execution petition once the relevant details are available with her.
Case Title: Megha Rana Versus Kanwar Samir
Citation: 2022 LiveLaw (PH) 221
