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MST. SHAMIM ARA versus RAFIULLAH

Article 13 Constitution of West Pakistan Family Court Act 1964 Pakistan (1973), Article 199 Constitutional application Partial decree, Family court implementing the powers of the execution court was decided in the case of an agreement between the parties under which the wife was to remain with the husband. Agreed and had to move the article back to the house where the spouse wanted to live together, after the suit was dismissed, refused to stay with the husband, and dissolved the marriage. Sued by the Family Court and the High Court complied with the decree by the wife. The wife began the proceedings to recover the dowry articles, the husband objected to maintaining the action on the basis that since the wife did not pay the part of the contract, the settlement order would be executed. The Family Court, in part, rejected this objection, while the Appellate Court accepted the appeal and directed the Family Court to retrieve the case for recovery of the relevant articles. Implementing the decree in favor of the wife for the return of the dowry articles would be equivalent to the execution of a partial decree in her favor which was not just and proper as the execution court could not do so. For that reason, the wife has freed herself from performing her duty under the decree in favor of her husband. If the wife is allowed to follow the decree, she too will be executed by the court. Will pay to go behind the box. Which cannot be followed by the same person, trying to partially execute it without fulfilling its obligations online advocate from Qazi Ahmed lawyer