Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 13,17

Law: Family Courts Act, 1964

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 2(5)(6),13,14,46

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----Ss. 13 & 17---Civil Procedure Code (V of 1908), Ss. 46, 13, 14 & 2 (5)(6)---Family Courts Act (XXXV of 1964), S. 5, Sched. & S.13---Suit for recovery of maintenance allowance and dower---Execution of decree of Pakistan (foreign) Court in Azad Jammu and Kashmir---Scope---Suit was filed before Family Court in Pakistan which was contested by the defendant-husband and was decreed---Wife-decree-holder moved application before Family Court for sending precept to Family Court in Azad Jammu and Kashmir for execution of said decree which was allowed---Family Court in Azad Jammu and Kashmir returned the said execution petition with the observation that decree passed by Foreign Courts could not be executed in Azad Jammu and Kashmir---Validity---No procedure for execution of a foreign decree had been provided in S. 13 of Azad Jammu and Kashmir Family Courts Act, 1993---Family Court could exercise inherent powers in such circumstances in the interest of justice---Decree passed by the Family Court was to be executed either by the Court passing it or by any other Civil Court as directed by District Judge---Powers to execute said /decree provided in Civil Procedure Code, 1908 in such situation could be followed by the Family Court---Court upon application of decree-holder might issue precept to any other Court which was competent to execute such decree---Precept, in the present case, was sent to District Judge in Pakistan in order to forward the same to the concerned Court at Muzaffarabad---District Judge had been empowered to direct any other civil Court for execution of a decree---District Judge in Pakistan while sending precept to the District Judge in Azad Jammu and Kashmir followed the relevant law and did not commit any illegality---Courts in Pakistan were foreign Courts and Azad Jammu and Kashmir was a foreign territory---Judgments/decrees passed by Pakistan Courts could be executed in Azad Jammu and Kashmir under S.13 of Civil Procedure Code, 1908---Foreign decree could be executed when defendant appeared in foreign Court and pleaded to the merits of case and submitted to the jurisdiction of…

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