Mian MUHAMMAD ARSHAD vs SABA GUL Ss — 2022 MLD 1280 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1280 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mian MUHAMMAD ARSHAD vs SABA GUL Ss
Subject matter: Civil
Provisions referred to: S. 13; S. 17; S. 25-; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mian MUHAMMAD ARSHAD VS SABA GUL Ss.13, 17 & 25-a---Civil Procedure Code (V of 1908), preamble---Decree of maintenance allowance and dowry articles---Execution proceedings, Transfer of-Power to transfer proceedings outside the district---Jurisdiction of the Family Court---Scope---Family/Executing Court itself transferred the case to the other district where the judgment-debtor was residing---Contention of the decree-holder(respondent) was that power was vested in Family Court to execute decree like a Collector for the purpose of recovery of payment of decree keeping in view S.13(3) of the Family Courts act, 1964 (' the act, 1964'), therefore, provisions of C.P.C were applicable---Held, that although, in terms of S.17 of the act, 1964, provisions of C.P.C and Qanun-e-Shahadat, 1984, would not apply, however, general principles of C.P.C could be invoked by a Family Court for due determination of justice only when no procedure was provided in the act 1964 and there was no conflict between the provisions of C.P.C and the Family Court act, 1964---High Court set aside the impugned orders and judgments passed by both the Courts and declared the transfer of execution proceeding/petition itself by the Family/Executing Court directly outside district, illegal and without lawful authority---High Court directed that in future, execution proceeding/petition arising out of decree passed by the Family Court would be transferred keeping in view the spirit of S. 25-a of the act, 1964 ---Constitutional petition was allowed, in circumstances.

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