Law:

Section:

Family Courts Act (XXXV of 1964)--- ----Ss. 13 & 14(3)---Maintenance allowance---Execution proceedings---Unpaid decree---Liability of surety vis- -vis debtor---Scope---Petitioner/ debtor contended that as his surety was behind the bars therefore, the Executing Court could not send him to judicial lock-up for implementation of decree against him---Validity---Surety was as much bound by his undertaking as was the debtor, and both were collectively and severally liable to make payment to the decree-holder---Surety would not be absolved of his liability if debtor was sent behind the bars---Surety would have been conscious of his liabilities and he would not be allowed to evade from the same---Record revealed that surety was arrested and sent to prison but after the arrest of the petitioner (Judgment debtor), executing Court released him (surety)---Said action taken by the Executing Court was in accordance with law---Impugned order passed by the Executing Court was interim in nature and constitutional petition would not lie before the High Court as S.14(3) of the Family Courts Act, 1964 showed that no appeal or revision would lie against the interim order passed by the Family Court---No illegality or infirmity having been noticed in the impugned order passed by the Executing Court---Constitutional petition was dismissed accordingly. Muhammad Amin v. Judge Family Court, Sahiwal and 3 others 2015 YLR 316; Muhammad Anwar Khan v. Mst. Yasmin Zafar 1987 SCMR 2029; Ms. Quratulain Aleem v. Muhammad Rehman Khan and another 2006 YLR 2604 and Mst. Noor Jehan alias Tasleem Begum v. Muhammad Arshad and another 1986 CLC 442 ref. THIS ORDER PASSED BY: JAWAD HASSAN, J.--- Through this constitutional petition, the Petitioner has called in question orders dated 27.02.2018 and 20.03.2018 passed by learned Family Judge, Sumundri whereby he sent the judgment debtor to civil imprison and also dismissed his petition for issuance of release robkar. 2. Arguments heard and record perused. 3. It is the case of the Petitioner that Muhammad Amjad was the only attorney and not the surety and he never submitted surety bonds but despite all this he was sent to civil prison and when he served…

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