Find a Lawyer

Civil Revision No. 132 of 1969, decided on 28th November 1969.

Ss. 13 & 17‑Decrees passed by Family Courts‑Execution‑Money decree to be executed in manner provided in subsection (3) of S. 13 Other decrees, according to provision of S. 13(4), to be executed in manner provided for in C. P. C.

A person obtained a decree for restitution of conjugal rights against his wife from a Family Court. In execution of his decree the Court attached a sum of Rs. 1,800 lying deposited in the Court in favour of his wife. In revision petition before the High Court it was urged that the provisions of C. P. C. did not apply to proceedings before a Family Court and therefore the attach ment was illegal

Held, according to subsection (4) of section 13 of the West Pakistan Family Courts Act, 1964 the decree is to be executed by the Family Court or by such other civil Court as the District Judge may direct. Special procedure for the execution of money decrees has been provided for in subsection (3) above, but no special procedure has been provided for the execution of other type of decrees and the only logical conclusion in view of the provision of subsection (4) above is that such decrees are to be executed in the manner provided for in the C. P. C. There is no other provision for the execution of decrees of a Family Court either in the Act or in the rules framed there under and it does not stand to reason that the decrees of a Family Court other than those for money were not to be executed and had to remain dead letters. Therefore, the decrees for restitution of conjugal rights and for possession of movable and immovable properties etc. excluding money decrees passed by a Family Court are to be executed according to provisions of C. P. C.

Muhammad Ismail Qureshi for Petitioners.

S. M. Abbasi for Respondent.

Date of hearing: 28th November 1969.

Mst. Niaz Parwara obtained a decree for the recovery of her dower against her husband Lal Muhammad from‑a Family Court. During the execution of the decree the judgment‑debtor deposited the decretal amount of Rs. 1,b0J in Court for the decree‑holder.

2. In the meantime Lal Muhammad obtained a decree for restitution of conjugal rights against his wife Mst. Niaz Parwara froth the Family Court and applied to the said Court for the execution of his decree by the attachment of the sum of Rs. 1,800 belonging to Mst. Niaz Parwara lying in Court. The learned Judge of the Family Court attached the said amount by his order, dated 26‑11‑1968.

3. Mst. Niaz Parwara went up in appe4l against the order of attachment to the Court of the District Judge alleging that the provisions of the C. P. C. did not apply to proceedings before a Family Court, and that the order of the Family Court attaching the amount was, therefore, illegal. Reliance was placed on section 17 of the West Pakistan Family Court, Act. The plea found favour with the learned Additional District Judge who heard the appeal and accepting the appeal, he set aside the order of attachment by his order, dated 15‑5‑69.

4. Lal Muhammad, the decree holder, has come up in revision to this Court against the aforesaid order of the learned Additional District Judge. After hearing counsel for the parties, I have come to the conclusion that the finding of the learned Additional District Judge on the face of it is wrong.

Reliance has been placed by the learned Additional District Judge on section 17 which runs as follows :‑

"17.‑(1) Save as otherwise expressly provided by or under this Act, the provisions of the Evidence Act, 1872, and the Code of Civil Procedure, 1908 (except sections 10 and 11), shall not apply to proceedings before any Family Court.

(2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings before the Family Courts."

5. A perusal of the aforesaid section shows that the provi sions of the C. P. C. shall not apply to the proceedings before any Family Court, save as otherwise expressly provided.

Provision for the execution of decrees of a Family Court has been made in section 13 of the West Pakistan Family Courts Act, which runs as follows:‑

" 13.‑(1) ........................

(2) ........................

(3) Where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the same shall, if the Court so directs, be recovered as arrears of land revenue, and on recovery shall be paid to the decree‑holder.

(4) The decree shall be executed by the Court passing it or by such other civil Court as the District Judge may, by special or general order, direct."

5. Now according to subsection (4) above the decree is to be executed by the Family Court or by such other civil Court as the District Judge may direct. Special procedure for the execution of money decrees has been provided for in subsection (3)1 above, but no special procedure has been provided for the l execution of other type of decrees and the only logical conclusion in view of the provision of subsection (4) above is that such decrees are to be executed in the manner provided for in the C.P.C. There is no other provision for the execution of decrees of a Family Court either in the Act or in the rules framed there under and it does not stand to reason that the decrees of a Family Court other than those for money were not to be executed and had to remain dead letters. I, therefore, hold that the decrees for restitution of conjugal rights and for possession of movable and immovable properties etc., excluding money decrees passed by a Family Court are to be executed according to the provisions of the C. P. C Accepting the revision petitioner therefore, set aside the order of the learned Additional District Judge and restore that of the learned Judge of the Family Court. Since the decision rested on the interpretation of law, I, therefore, order the parties to bear their own costs throughout.

K. F. A.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.