AIR 2019 BOMBAY 9 ::2018 (6) ABR 180 ::AIROnline 2018 Bom 833 ::(2018) 3 HinduLR 289 ::(2019) 1 CivLJ 649 ::(2019) 1 CivilCourtC 397 ::(2018) 5 AllMR 393 (BOM) ::(2019) 2 DMC 512 ::(2018) 6 Mah LJ 504 ::(2019) 2 CurCC 172 ::(2019) 195 AllIndCas 512 (BOM) ::(2019) 195 AllIndCas 512

Bombay High Court

Hon'ble Judge(s): K. K. Sonawane , J

Hindu Marriage Act (25 of 1955) , S.24, S.28A— Family Courts Act (66 of 1984) , S.18— Limitation Act (36 of 1963) , Art.136— Interim maintenance - Execution of order - Limitation - In view of S. 28-A of Act (1955) and S. 18 of Act (1984) decree or order passed under Hindu Marriage Act (1955) or Family Courts Act (1984) are having same force and effect for its execution at par with decree or order passed by Civil Court itself - They are to be executed in same manner as provided for execution of decree or order of Civil Court - Period of limitation for execution would be 12 years as per Art. 136. Decree or order passed by Court under Hindu Marriage Act as well as decree or order passed by Family Court except the order under Chapter IX of Code of Criminal Procedure both have same force and effect as a decree or order made by Civil Court. Decree or order also required to be executed in same mode and manner at par with execution of decree or order of Court made in exercise of its original civil jurisdiction. It is true that decree or order of Family Court cannot be termed as a decree or order of a Civil Court as Family Court is creature of special statute for limited jurisdiction. But, in view of Section 28-A of Act as well as S. 18 of Family Courts Act, decree or order passed under Hindu Marriage Act or Family Courts Act are having same force and effect for its ....