Law:

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Family Courts Act (XXXV of 1964)--- ----S. 13---Decree for maintenance allowance, execution of---Conditional compromise---Wife withdrew earlier execution petition on basis of conditional compromise---Subsequently husband failed to honour terms of compromise, therefore, his warrants were issued---Husband objected to warrant contending that "once compromise was always a compromise" therefore his warrants should be cancelled---Circumstances demonstrated that decree was not satisfied in letter and spirit, rather parties entered into a compromise on conditional statement of wife i.e. that if husband again deserted her from his house, she reserved the right to re-file execution petition---Judgment-debtor being father of minors and husband of the lady was under legal and moral obligation to maintain them---Judgment and decree was not assailed before appellate court, therefore, it had attained finality and no exception could be taken to that---Executing court could not go beyond the decree---Contention of -debtor that "once compromise was always a compromise" was misconceived and ill-founded because compromise inter se parties was conditional which was revoked by husband/father himself---Constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this constitutional petition, the Petitioner has called in question order dated 19.12.2016 passed by learned Additional District Judge, Sialkot, whereby he dismissed the appeal of the petitioner filed against orders dated 21.11.2016, 14.11.2016 and 10.11.2016, whereby the petitioner was directed to pay the decretal amount and his warrant of arrest was issued and his objection petition was dismissed. 2. Arguments heard and record perused. 3. It is reflected from the perusal of record that as a consequence of Family Suit, judgment and decree dated 9.7.2013 was passed whereby the Respondent/Decree Holder was held entitled to receive Rs.5000/- as maintenance allowance from the date of institution of suit till his legal entitlement. Whereas in execution proceedings, a compromise between the parties was arrived at, wherein the Petitioner/Judgment Debtor made the following…

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