Case Details

Citation(s)
2022 SLG 1614 2022 SLD 1614 2022 PLJ 608
Lahore High Court
T.A. No. 71691of 2021, decided on 18.11.2021.
SHAHID BILAL HASSAN, J.
Mr. Moazzam Saleem, Advocate for the petitioner. Mr. Muhammad Mahmood Chaudhry, Advocate as amicus curiae.

SAWERA IKRAM

VS

AMIR NAVEED

Law: Family Courts Act, 1964

Section: 14(3),17,13(3)

Family Courts Act, 1964 (XXXV of 1964)-- ----Preamble--Family Courts, 1964 is a special statute and has been enacted with a specific purpose to precede expeditious settlement and disposal of disputes relating to marriage and family affairs and also matters connected therewith.  Family Courts Act, 1964 (XXXV of 1964)-- ----S. 14(3)--Appeal or revision under Section 14(3) of the Act, 1964 provides that no appeal or revision shall lie against an interim order passed by a Family Court. Family Courts Act, 1964 (XXXV of 1964)-- ----S. 13--Execution proceedings after passing of a decree by a Family Court, the execution petition is filed, the Family Court executing the decree has to proceed with the same under Section 13 of the Act, 1964 and sub-section (4) of the said section is relevant. Family Courts Act, 1964 (XXXV of 1964)-- ----S. 17--Applicability--S. 17 of the Family Courts Act, 1964 provides that the provisions of Qanun-e-Shahadat Order, 1984 and Code of Civil Procedure, 1908 except Sections 10 ,  11 shall not apply to the proceedings before any Family Court. Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 13(3) ,  14(3)--Dismissal of application for transfer of execution proceeding--Inconvenience and troubles--Direction to-- when all the proceedings at trial stage are carried out at a place where the women and children reside, forcing them to get transferred the execution petition or decree to some other Court, out of District, would certainly, as stated above, cause inconvenience and troubles to them.  The following directions are issued to be followed by the District Judges of the Punjab and the Family Courts in future:- 1. While passing the money decree in respect of maintenance allowance, alternate prices of dower or dowry articles, the provisions of Section 13(3) of the Family Courts Act, 1964 should be adhered to, which provides that, ‘Where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court [not exceeding thirty days] the same shall, if the Court so directs, be recovered as arrears of land revenue, and on recovery shall be paid to the decree-holder. 2. The District…
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