Topic
Allahabad HC reinforces that maintenance arrears must be recovered as a civil decree under CPC provisions, not through arrest warrants. The ruling aligns with the Supreme Court's precedent in Rajnesh v. Neha, ensuring procedural safeguards for enforcement while protecting debtors from coercive recovery methods.
The Calcutta High Court has ruled that executing courts cannot rely on unverified claims of foreign assets to transfer a decree overseas; they must first examine the judgment-debtor under Order XXI Rule 41 CPC to verify asset location and intent. This sets a critical procedural safeguard for debtors facing international enforcement and clarifies territorial jurisdiction limits in cross-border executions.
Bombay High Court reaffirms that objections to property attachment under Order XXI Rule 58 CPC cannot be re-agitated once finally adjudicated, applying res judicata in execution proceedings. The ruling bars belated claims where parties fail to lead evidence during initial adjudication, reinforcing finality in civil execution disputes.