Law: Family Courts Act, 1964

Section: 13

Family Courts Act (XXXV of 1964)--- ----S. 13---Enforcement of decrees---Recovery of decreetal amount of maintenance allowance--- Mutation transferring the property of the judgment-debtor, cancellation of---Executing Court, powers of---Scope---Before institution of the execution application by the decree-holders, the judgment-debtor had transferred his property through mutations on the basis of gift---Decree-holders moved application before the Executing Court for cancellation of said mutations---Said application was allowed by the Executing Court, however, the Appellate Court dismissed the same (application) by allowing the appeal filed by the judgment-debtor--- Validity--- Record revealed that the deceased judgment debtor transferred the property owned by him through two disputed mutations on the basis of alleged gift after dismissal of his constitutional petition by the High Court, which seemed to be nothing but an attempt to frustrate the decree passed against him---Therefore, the Executing Court was vested with jurisdiction to undo the said illegal act committed by the deceased judgment debtor and had rightly cancelled the said mutations by allowing application filed by the petitioners/decree-holders in said regard---Thus, the Appellate Court had failed to exercise its vested jurisdiction as per mandate of law and had committed illegality while passing impugned judgment which could not be allowed to hold field further---High Court set aside impugned judgment passed by the Appellate Court and restored the order of cancellation of gift-mutations passed by the Executing Court---Revision filed by the decree-holders was allowed, in circumstances. Amjad Iqbal v. Mst. Nida Sohail and others 2015 SCMR 128 ref. JUDGMENT SHAHID BILAL HASSAN, J.---Succinctly, a decree for recovery of maintenance allowance was passed against Aulad Hussain, deceased on 06.12.2008, which was upheld upto High Court as writ petition was dismissed on 29.06.2010. After dismissal of the writ petition, the judgment debtor transferred his property through mutations No. 1859 dated 27.09.2010 and 1871 dated 09.10.2010 on the basis of alleged gift; therefore, the petitioners moved an application…

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