Mst. AMMAN GUL vs JUDGE FAMILY COURT, RAWALPINDI Ss — 2023 CLC 1300 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1300 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. AMMAN GUL vs JUDGE FAMILY COURT, RAWALPINDI Ss
Subject matter: Civil
Provisions referred to: S. 38---E; S. 13; S. 39; 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

Mst. AMMAN GUL VS JUDGE FAMILY COURT, RAWALPINDI Ss.13 & 25-a---Civil Procedure Code (V of 1908), S.38---Execution of decree---Transfer of proceedings---Dispute was with regard to transfer of proceedings to another Court to execute decree passed by Family Court---Validity---Detailed mechanism for execution of decree has not been provided in section 13 of Family Courts act, 1964, nor it caters for all eventualities arising from execution proceedings--- Family Court and the Civil Court under S.13(4) of Family Courts act, 1964, have been placed at the same pedestal for the purpose of execution of decree---In such capacity a Court "Family" or "Civil" enjoys all powers of Executing Court vested in Part II as well as O.XXI,C.P.C.---Provision of S.39, C.P.C., deals with transfer of decree which empowers the Court which passed a decree to send it for execution to another Court, on the application of decree holder---Once decree was passed by Family Court that had become executable in terms of S. 13 of Family Courts act, 1964 and in case of any hindrance to the same, the Executing Court could adopt any of the mode provided for execution of decree in C.P.C.---High Court directed the applicants to move respective Executing Courts for transfer of execution proceedings / petitions---application was allowed accordingly.

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