Citation Name: 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NIAZ MUHAMMAD (NAZAK KHAN) vs BIBI

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

Citation Name: 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NIAZ MUHAMMAD (NAZAK KHAN) VS BIBI KHATIMA S. 51 & O.XXI, R.10---Execution of decree---Power of Executing Court---Scope--- Executing Court cannot go beyond the decree---No decree can be executed against a person who is not a part to the proceedings. Citation Name: 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NIAZ MUHAMMAD (NAZAK KHAN) VS BIBI KHATIMA S. 5, Sched.---Maintenance of children and grandchildren---Grandfather, responsibility of---Scope---Family suit was decreed ex-parte against father/respondent---During execution proceeding, service was also not effected on father/respondent---Executing court through the impugned order directed the petitioner being grandfather to deposit the maintenance in the CCD account---Objection petition of the petitioner/grandfather was overruled by the Executing court and Appellate court also dismissed the appeal---Validity---Petitioner/ grandfather was neither a party in the suit nor in the execution proceedings---From the bare perusal of principles embodied in Para 370 of Principles of Muhammadan Law, it was crystal clear that if the father and mother was alive, the grandfather could not be held responsible for maintenance of his grandchildren and unless it was first determined that he was in easy circumstances---In order to determine that grandfather was in a position to maintain his grandchildren, it was incumbent upon the Family Court to first adjudicate and determine this fact, which could not be done unless he was a party to the suit, having a fair opportunity to explain his status and position---Orders impugned were set aside being not maintainable, in circumstances---Civil revision petition, was allowed and the matter was remanded to the Executing Court to entertain the objection of the petitioner, providing him opportunity of hearing and producing evidence, and thereafter, to decide the same in accordance with law. Citation Name: 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NIAZ MUHAMMAD (NAZAK KHAN) VS BIBI KHATIMA S. 13---Enforcement of decree---Family court is to adopt its own modes to execute its decree.

Citation Name: 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NIAZ MUHAMMAD (NAZAK KHAN) vs BIBI KHATIMA S — 2023 PLD 51 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2023 PLD