Law: Family Courts Act, 1964

Section: 5, Schedule,13

Family Courts Act (XXXV of 1964)--- ----Ss.13 & 5, Sched.---Suit for recovery of dower---Execution proceedings---Petitioner assailed orders of executing court and appellate court whereby both the courts below in proceedings for execution of decree refused to accept some other property as dower instead of the property which was decreed---Validity---Substituting the property would amount to the executing court amending the decree, which was not permissible in law---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.---- Through instant constitutional petition, the petitioner challenges the orders dated 19.07.2018 and 10.10.2018 passed by executing court and the appellate court, whereby both the courts below in proceedings for execution of decree refused the prayer of the petitioner to allow him to give some other property as dower instead of the property for which decree was passed and directed him to pay price of the decreed property in the alternate. 2. It has been argued that both properties have equal value so the property may be substituted instead of directing to pay the alternate price of the decreed property. 3. Substituting…

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