Excelsior Correspondent
Srinagar, Apr 16: High Court has held that the order issued by a court is to be executed and implemented by the same court as the court that has passed the order is competent to execute its order.
These observations have been passed in an application seeking direction upon the Principal Government Degree College Khansahib, Budgam to deduct the monetary relief granted by the Judicial Magistrate as arrears for the petitioner.
The petitioner had approached the court of Judicial Magistrate Budgam by making a petition under Section 23 of the Protection of Women from Domestic Violence Act, 2005. In the said petition the trial Magistrate passed an order on 06.07.2020, directing the respondent-husband to deposit monthly monetary relief of Rs 8000 into the account of the petitioner-wife to take care of her basic and essential needs as well as her health care.
The said order came to be challenged by the respondent-husband by way of an appeal before the Additional Sessions Judge and the appeal was allowed and the order passed by the Magistrate was set aside.
A further direction was extended to the Magistrate to decide the application of the petitioner afresh after hearing both the parties. The order of Additional Sessions Judge has been challenged by the petitioner by way of petition under Section 482 Cr.P.C and the order of Sessions Judge was stayed.
By way of instant application, the petitioner-wife in effect wants the High Court to execute the order passed by the trial Magistrate. She submitted that she had approached the trial Magistrate but the Magistrate has refused to pass any orders on the said application.
Justice Sanjay Dhar while dismissing the application said 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. The instant application filed for implementation of order of the learned Magistrate is, therefore, not maintainable. The same, as such, is dismissed”, Justice Dhar held.
Court has, however, left it open to the petitioner to approach the trial Magistrate to seek implementation of the order passed by him. Court has expected that the trial Magistrate shall consider the said application expeditiously and pass appropriate orders thereon in accordance with the law.
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