Law:

Section:

MIRZA VIQAS RAUF This single judgment shall decide the instant petition as well as Writ Petition No.15700 of 2014, as both these petitions are directed against the same orders and there is complete similarity and commonality of facts and law in both these petitions. 2. The petitioner namely Muhammad Ramzan is the grandfather of minors namely Ali Hamza and Amna Bibi, i.e. respondents No.1 & 2 whereas Muhammad Javed, who is petitioner in the connected petition is their father. The minors filed a suit for maintenance against their father before the learned Judge Family Court, Lahore which was consequently decreed ex-parte vide judgment dated 20th of November, 2012. The decree in the suit followed an execution petition. During the process of execution, Muhammad Javed (father) was arrested by the bailiff of the Court on 19th of September, 2013 and he was given show-cause notice for payment of 1/3rd of decretal amount out of total and surety bond to the extent of remaining decretal amount but on his failure, he was sent to civil prison. On 14th of March, 2014 second show-cause notice was issued to the judgment debtor and he was warned that in case of failure for payment of decretal amount, proceedings will be initiated as per law and the property belonging to his father will be attached. Ultimately on 02nd of April, 2014, the judgment debtor was sent back to civil prison till the satisfaction of the decree and the property belonging to the petitioner (grandfather) was ordered to be attached. The petitioner as well as judgment debtor filed two respective objection petitions against the said order, however, both were dismissed vide order dated 28th of April, 2014, hence these two petitions. 3. Mr. Rao M.I. Zafar Khan, Advocate representing the petitioners submitted that Muhammad Ramzan, being the grandfather was not a party in the suit, so the decree cannot be executed against him. He added that the provisions of Para 370 of Muhammadan Law have wrongly been invoked by the learned Judge Family Court. Learned counsel maintained that the learned Judge Family Court when once opted to launch the proceedings against the judgment-debtor under the provisions of The Land…

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