Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.13---Constitution of Pakistan, Art.199---Constitutional petition--- Maintenance allowance--- Execution proceedings---Order of attachment of property of husband by Family Court---Subsequent agreement to sell regarding the property attached by the Family Court in the execution proceedings of a decree for recovery of maintenance allowance---Effect---Plaintiff (wife) filed suit for recovery of maintenance allowance for herself and for minors---Trial Court decreed the suit---Plaintiffs being dissatisfied preferred appeal and the appellate court awarded maintenance to minors @ Rs.25,00 per month from the date of institution of suit with an increase of 25% after every three years and @ Rs.15,00 per month to plaintiff (wife) from the date of institution of suit till she was divorced---Plaintiff (wife) after dismissal of constitutional petition of defendant (husband) against the and decree of the appellate court filed an application for restraining respondent (husband) from alienating his share in the property, which was accepted by the executing court---Defendant ( debtor) did not appear to execute the decree, therefore, the property in question was attached---Respondent (objector) filed objection petition for setting aside order of attachment of the property on the strength of decree having been passed by the appellate court for specific performance of agreement to sell--- Contention of the wife was that the respondent (objector) was brother-in-law of the respondent (husband) and they in connivance with each other had tried to frustrate the object of decree passed by the Family Court in favour of the wife and minors on the basis of a subsequent agreement to sell the property in dispute and decree passed by the appellate court in favour of the respondent (objector)---Pleas of the respondent (objector) were that he being the decree holder was entitled to have the fruits of said decree; that the property in question could not be attached in the execution proceedings for recovery of maintenance allowance passed in favour of the wife and minors---Validity---Agreement to sell dated 8-8-2007 was…

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