Law: Family Courts Act, 1964

Section: 5

Law: Limitation Act, 1908

Section: 181

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Limitation Act (IX of 1908), Art.181---Family Courts---Non-applicability of provisions of C.P.C and Limitation Act, 1908---Execution of decree---Limitation---Executing Court dismissed the execution petition being time barred---Appellate Court reversed the order in appeal---Validity---No specific period of limitation for implementation of decree of dower couldbe fixed and whenever wife moved the legal forum for satisfaction of her right, husband was under legal obligation to satisfy such decree---Postponement of recovery of dower for any consideration during subsistence of marriage would not deprive the wife from execution of the decree being barred by time---Admittedly, marriage subsisted between the parties and the nature of dower was prompt dower, which was duly recognized by the Court---Prompt dower was recoverable during subsistence of marriage on demand---Thus, no specific period of limitation for implementation of decree of such nature could be fixed---Due to subsistence of marriage, the judgment debtor, i.e. the husband acknowledged the right of his wife and he is deemed to remain under a legal obligation to satisfy the decree whenever the decree holder/wife had moved the legal forum for satisfaction of her right---Valuable rights accrued to respondent after decree of her suit for recovery of dower, therefore, it was not fair to deprive her from the benefits of decree---One who succeeded in a litigation unjustly must not retain the benefit---After acceptance of Nikah in lieu of dower and enjoying its blessings, it did not suit a husband/judgment debtor/petitioner to question the maintainability of the execution petition on the point of limitation---Constitutional petition was dismissed. Nematullah Khan v. Additional District Judge and others 2022 YLR Note 21; Khudadad v. Syed Ghazanfar Ali Shah alias S. Inaam Hussain and others 2022 SCMR 933; Muhammad Sharif and others v. MCB Bank Limited and others 2021 SCMR 1158; Haji Wajdad v. Provincial Government through Secretary Board of Revenue Government of Balochistan, Quetta and others 2020 SCMR 2046; State Bank of Pakistan through Governor and another…

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