Law:

Section:

(a) Family Courts Act (XXXV of 1964)--------- ----------Ss. 13 & 5, Sched---------Maintenance allowance---------Grand father, liability of---------Execution petition---------Procedure---------Execution of a decree against a person who was not party to the suit---------Scope---------Minors filed suit for maintenance allowance against their father which was decreed---------Judgment debtor (father) was sent to civil prison till the satisfaction of decree and property belonging to the grandfather was ordered to be attached---------Contention of grandfather was that he was not party to the suit and decree could not be executed against him---------Validity---------Liability of grandfather to maintain his grandchildren would start when father was poor and infirm and mother was also not in a position to provide maintenance to her children---------Such liability of grandfather was dependent upon the fact that he was in easy circumstances---------If father and mother were alive then grandfather could not be held responsible for maintenance of his grandchildren unless it was first determined that he was in easy circumstances---------Family Court was bound to first adjudicate and determine such fact which could not be done unless he was a party to the suit having fair opportunity to explain his status and position---------No decree could be executed against a person who was not a party to the proceedings---------Executing court could not go beyond the decree---------Decree passed by the Family Court would remain in field to the extent of actual -debtor even after suffering civil prison unless it was satisfied---------Process of execution of decree could not shift towards the grandfather only on account of mere fact that -debtor had failed to discharge his liability under the decree--Family Court could adopt the procedure provided in Civil Procedure Code, 1908 for execution of its decree---------Judgment-debtor could be sent to civil prison for one year--Impugned order for attachment of property of grandfather was un-warranted by law which was declared illegal and unlawful---------Constitutional petition was allowed in circumstances. Abdullah v. Jawaria Aslam and 2…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492