Law: Family Courts Act, 1964

Section: 5Sched,17

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.10

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 Sched. & S.17---Civil Procedure Code (V of 1908), O.XX, R.10---Recovery of gold ornaments--Decree---Non-mentioning of value of ornaments---Decree passed by Family Court did not state value of gold ornaments to be recovered from debtor---Validity---Such decree was not in the usual form as it directed delivery of gold ornaments but did not state alternative of money payable in case of non-delivery of gold ornaments by debtor---Decree in question was not framed in accordance with the provisions of O.XX, R.I0, C.P.C.---In view of S.17 of West Pakistan. Family Courts Act, 1964, provisions of O.XX, R.10, C.P.C. were not stricto sensu applicable to a decree obtained in a Family suit---No provision existed in West Pakistan Family Courts Act, 1964, similar or corresponding to O.XX, R.10, C.P.C.---Decree passed under West Pakistan Family Courts Act, 1964, for recovery of dowry articles including gold ornaments or other movable property was lawful and executable, even if it did not state monetary value payable in case movable property was not delivered. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution, of Pakistan, Art. 199---Constitutional petition--- Dowry articles, recovery of----Amount instead of articles---Suit for recovery of gold ornaments was decreed by Family Court in favour of wife---Family Court, while framing the decree, did not mention recovery of money in alternate of articles---During execution of decree, debtor instead of delivering the gold ornaments preferred to pay value of ornaments as on the date of filing of suit---Validity---Judgment debtor had no option to insist that he be allowed to pay price of gold ornaments instead of delivering the same---Executing Court could not order determination of price of gold ornaments without finding that delivery of gold ornaments was not possible---Decree holder had throughout claimed return of her gold ornaments lying with debtor---Decree holder was entitled to seek recovery of gold ornaments instead of their value which had given rise to the controversy on account of dispute as to the market rate…

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