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GHULAM MUSTAFA vs ANILA SHAHZADI S — 2022 MLD 1523 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 MLD 1523 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
MLD
Parties
GHULAM MUSTAFA vs ANILA SHAHZADI S
Subject matter
Civil
Provisions referred to
S. 5; S. 17-

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

GHULAM MUSTAFA VS ANILA SHAHZADI S.5, Schd. & S.17-a---Suit for maintenance----Interpretation of S.17-a(3) of Family Courts act, 1964 [Punjab amendment]---Retrospective Effect---Respondent (wife) filed application before Execution Court seeking benefit of subsection (3) of S. 17-a of Family Courts act, 1964 and 10 percent annual increment was granted---appeal field by petitioner (husband) was dismissed by appellate Court---Question was whether rights extended under decree were intended to be annulled /cancelled by virtue of Punjab amendment of Family Courts act, 1964---Court had disallowed annual increment while passing decree which decree had attained finality---Held, that subsection (3) of S.17-a of Family Courts act, 1964, did not manifest any such intention---Legislature had not intended to make it applicable retrospectively extending opportunity to re-open decrees passed and final---Substantive rights, accrued and vested, could not be destroyed or impaired by a new law unless that law, by its express provision or by necessary intendment, was retrospective in operation---No such intent was evident or could be gathered from perusal of subsection (3) of S.17-a of Family Courts act, 1964, which could not be stretched to disturb rights created and obligations prescribed in terms of decree---Subsection (3) of S.17-a Family Courts act, 1964, could not be construed to have annulled or substantially altered judgment and decree in the present case---Constitutional petition was allowed.

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