Law: Family Courts Act, 1964

Section: 5,Sched,13

Law: Family Courts Act, 1964

Section: 5,Sched,13

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.33

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 13---Decree for recovery of maintenance allowance, execution of---Powers of Family Court---Scope---Family Court could summon -debtor to pay decretal amount and in case of his refusal could adopt coercive measures against him---Family Court would not be bound by any particular procedure, but could direct such recovery in a manner laid down in S. 13(3) of West Pakistan Family Courts Act, 1964---Principles. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ---S. 5, Sched & S.13---Civil Procedure Code (V of 1908), O.XXI, R.33---General Clauses Act (X of 1897), S.20---Constitution of Pakistan, Art.199---Constitutional petition---Execution proceedings---Suit for recovery of past maintenance by wife and husband's prayer in written statement for restoration of conjugal rights decreed by Family Court by one and the same ---Applications by both parties for execution of their respective part of decree---Order of Family Court attaching decreed allowance till satisfaction of decree of conjugal rights by wife---Recalling of such attachment order by Family Court and directing husband to pay decreed allowance as same could not be attached to compel wife to obey decree of conjugal rights passed in his favour---Dismissal of husband's appeal by Appellate Court filed against recall order---Validity---Court in interest of justice could recall or modify a patently illegal and unlawful order---According to O.XXI, R.33, C.P.C., Executing Court while executing decree for conjugal rights could not attach decree passed for such allowance in favour of wife---Husband would be legally bound to maintain his wife, if her refusal to live with him was justified by reasonable cause---Wife in present case, had been found to be entitled to past maintenance as husband had contracted second marriage, thus, she (first wife) was legally justified to live apart and he was bound to pay her maintenance---Family Court had no jurisdiction to pass such attachment order and had power to vary, modify and rescind same---High Court dismissed constitutional petition in circumstances. Mian Arif Mehmood v. Mst. Tanvir Fatima and another PLD 2004…

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