A contested divorce involves lengthy court battles where one spouse contests the divorce petition filed by the other. Once the divorce is finally granted, enforcing the court orders can be challenging if one party refuses to comply. This article explains the key steps involved in enforcing court orders in a contested divorce in India.
What Are Court Orders in a Divorce?
In a contested divorce, the court passes various interim and final orders related to custody of children, visitation rights, spousal and child maintenance, division of assets etc. These form part of the divorce decree. Non-compliance of any directions tantamounts to contempt of court.
Methods for Enforcing Court Orders
Execution Petition
If the ex-spouse fails to comply with any order, the aggrieved party can file an execution petition in the same court. It should specify the exact order not followed and pray for enforcement. The court then issues a notice to the opposite party to comply within a timeframe. If they fail to do so, the attachment of property for recovery can be initiated.
Civil Imprisonment
For continued non-compliance, courts can issue warrants for civil imprisonment until the amounts as per original order are recovered. However, this is sparingly used in family court matters.
Contempt Proceedings
Wilful disobedience of orders is punishable under contempt of courts law. It entails simple imprisonment up to 6 months and/or fine. The same execution petition can also plead contempt.
Police Assistance
For enforcement of custody orders, police assistance should be immediately sought upon violation. Courts can even direct police aid.
Appointment of Receiver
The court can appoint a receiver to take possession of the assets/property in question and ensure compliance if the party fails to adhere to orders regarding asset division.
Analysis of Enforcement Mechanisms
The Code of Civil Procedure primarily governs the mechanisms for enforcing court directives. The execution petition is the most common method. Contempt proceedings are pursued if the disobedience is deliberate. Seeking police assistance and appointment of receiver become necessary in certain cases.
However, the actual enforcement requires patience and perseverance owing to delays in the legal system. Hiring a lawyer well-versed in execution laws also becomes imperative. The Supreme Court has held that divorcing spouses continue to be husband and wife for the purpose of execution proceedings related to the divorce.
Conclusion
While contested divorces involve emotionally charged proceedings, it is important that final orders are adhered to diligently. Resorting to the correct legal recourse against non-compliance is vital. The executing court also has wide powers to enforce its directives. However, courts are hesitant to overuse contempt powers in family matters. Overall, a combination of remedies helps in effective enforcement of court orders made in a contested divorce.