“19. With the above principles in mind when we appreciate Section 18 of the Act, it can be understood that though the manner of executing the decree of a Family Court is as prescribed in the CPC, the court that has to execute the decree or order is primarily the Family Court which passed the decree or order. The "other Family Court or ordinary civil court to which it is sent for execution" is secondary in nature. It arises only after an application by the decree holder to send the decree for execution is made and the Family Court which passed the decree or order, directs sending of the decree for execution to the other Court. The words "by the other Family Court or ordinary civil court" in Section 18(3) of the Act is controlled and guided by the words "to which it is sent for execution". If it is not sent, undoubtedly the jurisdiction to execute the decree will continue to vest or remain with the Family Court that passed the decree or order. Such an interpretation arises on account of the overriding effect of the Family Courts Act in Section 20 and also due to the necessity of having certainty of laws. If the court of execution is a fluctuating one, depending on wherever the judgment debtor resides, an unscrupulous judgment debtor could easily circumvent or delay execution by repeatedly shifting his place of residence.
