Mst. ZAIBI vs ZAHID ALI S — 2024 PLD 197 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLD 197 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLD
Parties: Mst. ZAIBI vs ZAHID ALI S
Subject matter: Civil
Provisions referred to: S. 13---C; Civil Procedure Code (V of 1908); 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

Mst. ZAIBI VS ZAHID ALI S.13---Civil Procedure Code (V of 1908), Ss. 38, 39 & O.XXI---Execution of decree---Transfer of proceedings--- Dispute was with regard to transfer of proceedings from one District to another to execute decree passed by Family Court---Held, that Family Courts Act, 1964 is silent on the subject but in such circumstances Executing Court may take recourse to the provisions of C.P.C.---Execution proceedings can be transferred by the Family Court and can well be executed by the Transferee Court under the relevant provisions of C.P.C. (regulating such proceedings for transferred execution petitions)---Procedure of C.P.C. shall be borrowed and accordingly an alternate mechanism would be deemed to be provided not only for transfer of the decree but also for regulating the proceedings of such transferred execution petitions--- High Court directed the appellant to move respective Executing Court for transfer of execution proceedings/ petition---Constitutional petition was allowed accordingly.

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