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. 39; S. 25-; S. 13; Civil Procedure Code (V of 1908); Civil Procedure Code

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 & 25-a---Civil Procedure Code (V of 1908), S.39 & O.XXI, R.5---Decree of maintenance allowance and dowry articles---Execution proceedings, transfer of---Power to transfer execution 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---Objection of husband/judgment-debtor was that only the High Court had the power to transfer a matter/case out of district---Held, that in terms of S.25-a of Family Courts act, 1964 (the act 1964), Family Court, acting as a Executing Court, was not authorized to make an order to transfer an execution petition directly to any other Court of competent jurisdiction not only in the same district but also to other district ---Powers in terms of S.13(4) of the act, 1964 were within district and not outside district---Provisions of S.39 and O.XXI, R.5 of the Civil Procedure Code, 1908, could not have invoked---Execution proceedings/petition came within the expression "proceedings" appearing in S.25-a of the 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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