Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan, Art.199---Constitutional peti­tion---Suit for recovery of maintenance---Trial Court decreed the suit while Appellate Court reduced the amount of maintenance---Plaintiff filed execution petition---Executing court ordered arrest of petitioner, who had pursued defendant's cases as `general attorney'---Petitioner, the general attorney of defendant, contended that he could not be arrested for recovery of decretal amount as he was merely general attorney of defendant who was living abroad---Validity---Perusal of general power of attorney showed that petitioner was surety to the -debtor as well as general attorney---Executing Court, in circumstances, had rightly adopted coercive method to recover decretal amount because a surety was presumed to be party to the suit---Petitioner failed to point out any infirmity or illegality in the impugned order---Constitutional petition was dismissed. JUDGMENT CH. MUHAMMAD TARIQ, J.--Learned counsel for the petitioner contends that the petitioner is real brother general attorney and surety on behalf of Sajjad Miran the respondent in original suit for recovery of maintenance. Respondents Nos.2 and 3 filed a suit for recovery of maintenance allowance and delivery expenses which was decreed on 16-4-2009 by the learned Judge Family Court against Sajjad Miran (judgment-debtor) and fixed the maintenance of respondent No.2 @ Rs.4000 per month since February, 2007 till completion of period of `Iddat', while the maintenance of respondent No.3 was fixed @ Rs.6000 per month since February, 2007 with an enhancement of 10 % per annum. A decree for recovery of Rs.17,000 on account of delivery charges was also granted. 2. That the petitioner filed an appeal which was partially accepted and the maintenance allowance of respondent No.3 was reduced to Rs.5000 per month. 3. That respondents Nos.2 and 3 filed execution petition. During execution, learned Executing Court vide order dated 9-4-2010 directed the police to arrest the petitioner, so that decree against Sajjad Miran could be executed. 4. That on 19-4-2010, the petitioner was brought before the…

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