Law: Family Courts Act, 1964

Section: 13(3)

Law: Punjab Land Revenue Act, 1967

Section: 82

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)--- ----S. 13 (3)---Punjab Land Revenue Act (XVII of 1967), S. 82---Civil Procedure Code (V of 1908), S. 55 O.XXI, R.11---Constitution of Pakistan, Art. 199---Constitutional petition---Decretal amount, non-payment of---Civil imprisonment---Duration was put in civil prison for his failure to pay decretal amount in a suit for maintenance filed by his wife---Plea raised by petitioner was that under S.82 of Punjab Land Revenue Act, 1967, period of detention could not exceed 30 days---Validity---Special procedure prescribed under S.13(3) of Family Courts Act, 1964, could be followed by Family Court through a specific order---In absence of such order, ordinary mode for execution prescribed under Civil Procedure Code, 1908, was applicable---No specific order was passed by Executing Court to follow procedure provided under Punjab Land Revenue Act, 1967, therefore, term of civil imprisonment was not to be governed under S.82 of Punjab Land Revenue Act, 1967 but provision of S.55 read with O.XXI, C.P.C. was applicable under which civil imprisonment for failure to pay decretal amount could be up to one year---Detention of petitioner more than one month was not illegal nor against the provisions of S.13(3) of Family Courts Act, 1964---Constitutional petition was dismissed, in circumstances. Nasir Khan v. Tahira Rashida 1986 CLC 2381; Parwaiz Ahmed v. District Judge and others 1987 CLC 1277; Amjad Iqbal v. Mst. Nida Sohail and others 2015 SCMR 128; Farzana Rasool and others v. Dr. Muhammad Bashir and others 2011 SCMR 1361; Dr. Asma Ali v. Masood Sajjad and others PLD 2011 SC 221; Shafique Sultan v. Mst. Asma Firdous and others 2017 SCMR 393; Haji Muhammad Nawaz v. Samina Kanwal and others 2017 SCMR 321; Muhammad Sadiq v. Dr. Sabira Sultana 2002 SCMR 1950; Talib Hussain v. Mst. Parveen Akhtar PLD 2013 Lah. 129; Muhammad Ashraf v. Mst. Safia Bibi 2008 CLC 1583 and Ashfaq Hussain v. Government of the Punjab and others 2011 PLC (C.S.) 799 distinguished. Ijaz Ahmed Siddiqui v. The District Judge and others 1988 CLC 634; Qurban Ali Khan v. IV Civil and Family Judge and others PLD 1993 Kar. 159; Muhammad Ramzan v. Mst. Afshan Kanwal and others 1991…

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