(1) A decree or an order [other than an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)], passed by a Family Court shall have the same force and effect as a decree or order of a civil court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the execution of decrees and orders.
(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) shall be executed in the manner prescribed for the execution of such order by that Code.
(3) A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary civil court to which it is sent for execution.
Simplified Explanation
Section 18 of the Family Courts Act, 1984 deals with the execution of decrees and orders passed by a Family Court. This provision ensures that the decisions made by the Family Court are effectively implemented, providing a mechanism for enforcing orders related to family matters such as divorce, maintenance, child custody, and other family disputes.
Key Provisions:
- Effect of Family Court Orders (Sub-section 1):
- A decree or order passed by a Family Court, except those under Chapter IX of the Code of Criminal Procedure, 1973 (which deals with maintenance of wife, children, and parents), shall have the same force and effect as a decree or order passed by a civil court.
- This means that Family Court orders are enforceable in the same way as any order made by a regular civil court, providing legality and authority to Family Court rulings.
- The decree or order will be executed according to the Code of Civil Procedure, 1908 (CPC), which governs the process for the execution of civil court decrees. This ensures that Family Court judgments are backed by established legal procedures for enforcement.
- Execution of Orders under Chapter IX of the Code of Criminal Procedure (Sub-section 2):
- Family Court orders related to maintenance under Chapter IX of the Code of Criminal Procedure, 1973, which deals with maintenance of wives, children, and parents, will be executed as per the procedures prescribed under the Criminal Procedure Code (CrPC).
- This specifically relates to orders where a person has been directed to provide financial support (maintenance) to a spouse or children, and the CrPC provides a separate enforcement mechanism for such orders, including the possibility of imprisonment for non-payment.
- Execution by Other Courts (Sub-section 3):
- A decree or order passed by a Family Court can be executed either by the Family Court that passed it or by another Family Court or an ordinary civil court to which it is sent for execution.
- This provision offers flexibility in the execution process. If the party seeking enforcement resides in a different jurisdiction or if there is a need for a specific court to handle the execution, the order can be transferred for execution to another court that has the jurisdiction to do so.
Purpose and Impact:
- Enforcement of Family Court Orders:
- The provision ensures that Family Court decisions are not only legally binding but also effectively enforced. It provides the necessary legal authority to Family Court judgments, similar to any civil court order, ensuring that parties comply with the court’s decisions.
- Consistency with Civil Procedure:
- By aligning the execution of Family Court decrees with the Code of Civil Procedure, 1908, the section ensures uniformity in enforcement procedures across civil matters. This means that the same set of rules governing execution in civil courts applies to Family Court orders, ensuring consistency and clarity in the execution process.
- Streamlined Process for Maintenance Orders:
- Orders under Chapter IX of the CrPC, relating to maintenance, often involve the potential for recurring issues like non-payment. This section ensures that Family Courts dealing with such matters can enforce orders in the same manner as criminal courts, allowing for more direct enforcement (such as arrest or garnishment) in the event of non-compliance.
- Flexibility in Execution:
- Allowing a decree or order to be executed by either the same Family Court or a different Family Court (or even a regular civil court) adds flexibility in the execution process. This ensures that enforcement can be handled efficiently, even when the party seeking enforcement may not be in the same jurisdiction as the Family Court that passed the order.
Summary:
Section 18 of the Family Courts Act, 1984 provides the legal framework for the execution of decrees and orders passed by Family Courts. Family Court orders have the same authority as civil court orders and are executed under the procedures prescribed by the Code of Civil Procedure, 1908. For maintenance orders under Chapter IX of the CrPC, a different enforcement process applies. Additionally, decrees and orders can be executed by the same Family Court, another Family Court, or an ordinary civil court, providing flexibility in the enforcement process. This section ensures that Family Court decisions are enforceable, promoting compliance and upholding justice in family law matters.
