Ningthoujam Ongbi Ningombam Sunibala Devi v. Ningthoujam Dinachandra Singh

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IN THE HIGH COURT OF MANIPUR AT IMPHAL

MC [CRP (C.R.P. Art. 227)] No. 48 of 2025

Ningthoujam Ongbi Ningombam Sunibala Devi Applicant Vs. Ningthoujam Dinachandra Singh Respondent Clubbed with CRP (C.R.P. Art. 227) No. 19 of 2025 With MC [CRP (C.R.P. Art. 227)] No. 27 of 2025

BEFORE HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR

(ORDER)

08.07.2025

Heard learned senior counsel for the petitioner/applicant, Mr. Khaidem Mani; and learned counsel for the respondent, Mr. S. Jibon. Perused the impugned order as rendered by the Family Court, Manipur, in Civil Execution 10 of 2025 and whereby in this proceeding, the applicant/petitioner is seeking some sort of stay of further proceeding in the aforesaid execution proceeding. The applicant herein in the aforesaid proceeding had preferred Civil Revision Petition under Article 227 of the Constitution of India for challenging the judgment and order rendered by the Family Court, Manipur at Lamphelpat in Judl. Misc. Case No. 137 of 2024 dated

02.04.2025 arising out of Mat (G & W) Suit No. 9 of 2024. Wherein the impugned order has been rendered by the Family Court by issuing a direction to the petitioner herein, who is the mother of the two minor KABORAMBA M SANDEEP SINGH Date: 2025.07.10 10:56:45 +05'30'

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daughters to hand over their custody to the respondent/father within 7 days from the date of the order. Being aggrieved by the impugned order, the petitioner/applicant filed the aforesaid civil revision proceedings under Article 227 of the Constitution of India and whereby seeking some sort of stay of the impugned order as being rendered by the aforesaid Family Court. However, learned senior counsel in this matter submits that the stay was already granted by this Court 10.04.2025 in CRP (C.R.P. Art. 227) No. 19 of 2025, indicating as considering the prima facie case of an issue in between the parties, there shall be an order of interim stay for a period of four weeks, and thereafter that stay order has not been extended. In the meanwhile, learned senior counsel in this matter clarified the status for seeking some sort of stay of the proceeding of Civil Execution 10 of 2025 arising out of the proceeding in Mat (G & W) Suit No. 9 of 2024. However, keeping in view the issues in between the parties to the proceeding in Mat (G & W) Suit 9 of 2024 and wherein the proceeding in Civil Execution No. 10 of 2025 has been preferred by the father in respect of the proceeding in Judl. Misc. Case No. 137 of 2024 with a direction to handing over the minor children to their father but the father

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is arrayed as respondent in the present civil revision petition proceeding, accordingly contended. Therefore, keeping in view Section 151 of the CPC, it is deemed appropriate that the order rendered by the Family Court in Civil Execution No. 10 of 2025 dated 01.07.2025 is hereby stayed till the next date of hearing as per the order sheet. This stay has been granted as sought for in the aforesaid proceeding and it is the presence of the learned counsel for the respondent/father who comes on record by filing vakalatnama. However, keeping in view the issues in between the petitioner and the respondent are concerned, it is deemed appropriate that CRP (C.R.P. Art. 227) No. 19 of 2025 be listed on 05.08.2025. However, stay has been granted in MC [CRP (C.R.P. Art. 227)] No. 48 of 2025 are concerned, it is deemed appropriate for passing some suitable order that there is no consequence to keep pending the proceeding in MC [CRP (C.R.P. Art. 227)] No. 27 of 2025 and consequently, both the aforesaid applications are hereby disposed of. However, there shall be stay of proceeding in Civil Execution No. 10 of 2025, till the next date of hearing.

CHIEF JUSTICE Sandeep