Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 55---West Pakistan Family Courts Act (XXXV of 1964), S.5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suits for dowry articles and maintenance allowance of minors---Execution petitions---Re-arrest of debtor---Trial Court decreed suits---Defendant was sent to civil prison for his failure to pay decretal amount in execution petition for recovery of dowry articles while execution petition for recovery of maintenance allowance remained pending---Defendant appeared before executing court in Police custody and refused to pay decretal amount in execution for recovery of maintenance allowance as well---After lapse of one year defendant was released but, thereafter, executing court sent the defendant to civil prison again for his failure to pay decretal amount in execution petition for maintenance allowance---Validity---Defendant was brought before court in execution petition for maintenance allowance while he was under arrest in civil prison for failure to pay decretal amount in execution petition for dowry articles---Executing Court should have made speaking orders in execution petition for maintenance allowance as defendant had been brought before the court in both execution petitions which had been in progress simultaneously---Omission of the executing court to pass a speaking order could not prejudice the rights of defendant who could not be vexed twice by sending to civil prison for more than one year which he had already served---Petition was accepted---Order of re-arrest of defendant was set aside. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.--- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the impugned order dated 28-11-2012 passed by the learned Judge Family Court, Faisalabad whereby review application filed by the petitioner against the order dated 19-11-2012 was dismissed. 2. The brief facts of the case as narrated in this writ petition are that the respondent No.2, Mst. Najma Kanwal (the respondent) filed suits for recovery of dowry articles and for the recovery of maintenance allowance of the minors…

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