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2017 Supreme(Ker) 284

A.M.SHAFFIQUE, K.RAMAKRISHNAN
HANIFA KALANGATTU – Appellant
Versus
SHAISTA KHAN – Respondent


Advocates Appeared:
For the Petitioner: SRI. C.S. DIAS, SRI. N.K. SUBRAMANIAN, SMT. B. BINDU
For the Respondent: SRI. G. SREEKUMAR (CHELUR), SRI. K.R. ARUN KRISHNAN

JUDGMENT :

A.M. Shaffique, J.

This original petition has been filed challenging the order dated 7.4.2015 in EP.No.57/2011. The execution petition was filed by the respondent herein for executing a foreign judgment. Exts.P4 to P7 are the orders passed by the Superior Court of Justice at Ontario, Canada. When the execution petition was filed, the petitioner had raised certain objections including the maintainability of execution petition. However without considering the same, the Family Court, Thrissur proceeded to consider whether the foreign judgment is executable and formed an opinion that the judgment debtor had transferred certain funds while the decree was in force with an intention to defeat the payment of the amount due to the decree holder and accordingly directed arrest warrant to be issued against the judgment debtor.

2. The main contention urged by the petitioner is that the documents produced by the respondent herein does not amount to a foreign judgment which can be executed before a Court in India. The primary contention raised is that the parties are foreign nationals and the direction by the Canada Court can only be executed at Canada and not in India. Secondly it is co




















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