Law: Pakistan Army Act, 1952

Section: 171,65,65(1)(h)

Law: Sindh Civil Court Ordinance, 1962

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 488

Law: Family Courts Act, 1964

Section: 2(1)(b)

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 2(1)(b) & 5---Pakistan Army Act (XXXIX of 1952), Ss.65(1)(h) & 171---Criminal Procedure Code (V of 1898), S.488---Constitution of Pakistan, Art.199---Constitutional petition---Family Court---Execution of decree---Armed personnel---Salary, attachment of---Petitioner was serving in armed forces and Family Court attached salary of petitioner during execution of decree passed against him---Plea raised by petitioner was that under S.171 of Pakistan Army Act, 1952, his salary could not be attached by direction of any civil or revenue Court in satisfaction of any decree---Validity---Salary of person serving Armed Forces was saved from seizure or attachment but that saving would come into play in case where direction was issued by a civil Court, revenue Court or revenue officer in satisfaction of a decree---Such saving clause did not cover decree passed and direction issued by Family Court---Salary and allowances of officer of Armed Forces, were not saved under S.488, Cr.P.C. and S.65 of Pakistan Army Act, 1952, in matter that related to maintenance of wife or child of such officer---Exemptions to salaries etc. of person serving Armed Forces of Pakistan as postulated under S.171 of Pakistna Army Act, 1952, was not available in case of decree passed by Family Court---High Court declined to interfere in order or attachment of salary passed by Family Court against petitioner---Petition was dismissed in circumstances. ORDER IJAZ AHMAD, J.---The suit for payment of maintenance allowance, recovery of dower amount and dowry articles, was instituted against the petitioner. It was decreed. 2. Through this constitutional petition, the petitioner impugns the orders dated 13-10-2009 and 3-11-2010, passed by the learned Executing Court/Guardian Judge-II and Guardian Judge-III, Lahore, respectively. Through the first order 50% basic salary of the petitioner was ordered to be deducted; while by the second order, 50% of the total salary of the petitioner was ordered to be attached for satisfaction of the decree. 3. It is contended by the learned counsel for the petitioner that under section 171 of the Pakistan Army Act,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492