Law: Constitution of Pakistan, 1973

Section: 199(1)

Law: Constitution of Pakistan, 1973

Section: 199(1)

Law: Family Courts Act, 1964

Section: 13(3)(4),14(3)

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched., Ss.13 & 14---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance allowance---Execution of decree---Suit for recovery of maintenance allowance filed by the plaintiff having finally been decreed, plaintiffs filed execution petition, which was allowed---Execution proceedings remained pending for a considerable period due to delaying tactics of the -debtor---Petitioner, who was father of the -debtor stood surety for payment of decretal amount---Petitioner paid Rs.10,000 and undertook to pay the remaining decretal amount in case of non-payment by the -debtor---Later on decretal amount having not been paid by the -debtor or the petitioner/surety, -debtor was finally arrested---Application filed by the petitioner/surety for discharge of his surety, had been dismissed by the Family Court and Appellate Court---Validity---Petitioner's contention was that as he himself was not -debtor and was merely a surety of -debtor, on arrest of -debtor, no further action could be taken against him, when he had performed his duty by producing the -debtor before the court---Contention of the petitioner was misconceived as petitioner did not stand surety for appearance of -debtor, but he stood surety for the payment of decretal amount---Petitioner, could not be absolved of his liability on account of arrest of -debtor---Action for recovery of decretal amount could validly be taken against petitioner/surety---No interference was required by High Court in impugned orders passed by the Family Court and Appellate Court below---Petition was dismissed. Nawazo v. The State 2004 SCMR 563; Ghulam Qadir Siyal v. The State 1997 PCr.LJ 554 and Mst. Maqsooda Mai v. Bukhat Ali and another 2007 MLD 1264 distinguished. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14(3)---Constitution of Pakistan, Art.199---Constitutional petition---Appeal against interim order---Petitioner in his constitutional petition had challenged an interim order of Executing Court---When the legislation had specifically prohibited the filing of appeal or revision against an interim order, filing of…

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