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NAVEED AHMED vs FAMILY JUDGE, PANJGUR S — 2023 CLC 1489 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 CLC 1489 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
CLC
Parties
NAVEED AHMED vs FAMILY JUDGE, PANJGUR S
Subject matter
Civil
Provisions referred to
S. 14---C; S. 14; Family Courts Act

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

NAVEED AHMED VS FAMILY JUDGE, PANJGUR S.14---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Decree passed by Family Court---Execution---Remedy of appeal---"Decision given"---Scope---Petitioner assailed the order passed by Executing Court (Family Court) whereby it had allowed the execution application---Validity---Impugned order was not an interim order rather was an order which fell within the definition of word "decision" as prescribed by S. 14(1) of the Family Courts Act, 1964---Vide impugned order, the Executing Court had over-ruled the objections of the petitioner and had allowed the execution application made by the respondent---Executing Court had finally decided the execution application and objections of the petitioner, therefore, the petitioner was required to avail his remedy of appeal under S. 14 of the Family Courts Act, 1964---Section 14 of the Family Courts Act, 1964, prescribes an alternate, effective and exhaustive remedy in the form of a substantive right of appeal to a party who feels itself aggrieved from the decision or a decree passed by a Family Court---Remedy of appeal and the forum thereof had debarred the petitioner from directly approaching the High Court in constitutional jurisdiction---Section 14 of the Family Courts Act, 1964, apart from prescribing a statutory right of appeal, also provides a forum in the form of District Court---Such right of appeal is not without an adequate remedy---Jurisdiction, under S. 14 of the Family Courts Act, 1964 and under Article 199 of the Constitution are not concurrent, therefore, the petitioner should have availed the prescribed remedy of appeal before approaching the High Court under Article 199 of the Constitution---Constitutional petition was dismissed.

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