Overview of Execution of Orders
Enforcing orders on maintenance, custody, recovery or visitation. A court order has been passed but the other side is not complying.
Decrees and orders of civil and family courts are enforced under the Code of Civil Procedure, as applied by the Family Courts Act, 1984. Maintenance orders under the BNSS can also be enforced by a warrant for recovery, and a Magistrate can sentence a defaulter to up to one month of imprisonment for each month of unpaid maintenance.
Scope. Covers recovery of maintenance arrears, attachment of salary and property, and enforcement of custody and visitation orders.
Procedure: how a Execution of Orders case usually moves
- File an execution petition stating the relief or amount due
- Notice to the other side
- Court can attach salary, accounts or property, or direct arrest in suitable cases
- Compliance or further orders
Important points to keep in mind
- Keep track of the dates and amounts paid and unpaid.
- Details of the other side’s employer or bank help the court order attachment.
- Courts can pass orders to secure compliance but expect the decree holder to supply facts.
Practical guidance on Execution of Orders
Maintain a payment ledger and send the other side a written reminder before filing execution. Provide the court with salary, bank and property details, because attachment is only possible against assets that can be identified.
Documents required for Execution of Orders
- Certified copy of the order
- calculation of arrears
- proof of non-payment
- details of the other side’s income and assets
Execution of Orders for clients living outside India
Evidence located abroad, such as emails, cloud backups and overseas bank records, needs careful preservation and proper certification. Orders passed in India can be enforced against assets in India, while enforcement abroad depends on the law of the country concerned.
Frequently asked questions about Execution of Orders
How is unpaid maintenance recovered?
Through execution, which can include attachment of salary or property and, in some cases, imprisonment for non-payment.
Is there a time limit to execute an order?
Limitation depends on the type of order, so it is better to act early.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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