Law: Family Courts Act, 1964

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O.XXI

(a) Family Courts Act (XXXV of 1964)--- ----S. 13---Civil Procedure Code (V of 1908), O.XXI---Enforcement of family decree---Execution petition---Attachment of immoveable properties vehicle(s)/car(s) owned by the judgment-debtor---Auction proceedings---Mode and procedure---Scope---When car was not found for attachment, the petitioner was directed by the Executing Court to produce said vehicle, failing which, Robkar was directed to be issued to the concerned In-charge Anti-Car Lifting Cell for locating whereabouts of said car and to take over possession thereof---Later, not only concerned SHO was directed to produce said car, but warrants of attachment of another owned car were also issued---Petitioner / judgment-debtor agitated the mode and procedure adopted by the Executing Court for satisfaction of the decree---Validity---Section 13 of the Family Courts Act, 1964, deals with enforcement of decree passed by the Family Court---Family Court and the Civil Court are at the same pedestal for the purpose of execution of decree, so in that capacity a "Family" or "Civil" Court enjoys all powers of the executing court vested in Part II as well as O.XXI of the Civil Procedure Code, 1908---Petitioner by his own conduct, was delaying the satisfaction of the decree to deprive his ex-wife and his kids of the fruits of the decree---Executing Court was justified to pass the orders which were rightly maintained by the Appellate Court---Constitutional petition was dismissed, in circumstances. Amjad Iqbal v. Mst. Nida Sohail and others 2015 SCMR 128; Mst. Amman Gul v. Judge Family Court, Rawalpindi and 2 others 2023 CLC 1300 and Muhammad Amin v. Judge, Family Court, Sahiwal and 3 others 2015 YLR 316 ref. (b) Family Courts Act (XXXV of 1964)--- ----S.13---Civil Procedure Code (V of 1908), O.XXI---Enforcement of family decree---Execution petition---Attachment of immoveable properties vehicle(s)/car(s) owned by the judgment-debtor---Auction proceedings---Mode and procedure---Conduct of the judgment-debtor---Relevance---When car was not found for attachment, the petitioner was directed to produce said vehicle, failing which, Robkar was directed by the Executing Court to be issued to…

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