Law: Family Courts Act, 1964

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 38, 39 & O.XXI

Family Courts Act (XXXV of 1964)-------S.13---Civil Procedure Code (V of 1908), Ss. 38, 39 & O.XXI---Execution of decree---Transfer of proceedings--- Dispute was with regard to transfer of proceedings from one District to another to execute decree passed by Family Court--Held, that Family Courts Act, 1964 is silent on the subject but in such circumstances Executing Court may take recourse to the provisions of C.P.C.--Execution proceedings can be transferred by the Family Court and can well be executed by the Transferee Court under the relevant provisions of C.P.C. (regulating such proceedings for transferred execution petitions)---Procedure of C.P.C. shall be borrowed and accordingly an alternate mechanism would be deemed to be provided not only for transfer of the decree but also for regulating the proceedings of such transferred execution petitions--- High Court directed the appellant to move respective Executing Court for transfer of execution proceedings/ petition---Constitutional petition was allowed accordingly.Muhammad Arshad Anjum v. Mst. Khurshid Begum and others 2021 SCMR 1145 and Mst. Amman Gul v. Judge Family Court Rawalpindi and 2 others 2023 CLC 1300 rel..JUDGMENTWIQAR AHMAD, J.---Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioner has prayed for following relief:--"It is therefore, humbly prayed that by acceptance of this writ petition, it is humbly prayed that.i)    The respondent No.3 may kindly be directed to transfer the execution proceedings under title Mst. "Zaibi v. Zahid Ali" from District Nowshera to District Charsadda.ii)    The Registrar of Peshawar High Court may kindly be directed to circulate ageneral order in respect of execution proceeding pending in all family courts of the Khyber Pakhtunkhwa province automatic transfer of execution proceeding from one district to another district according to law without being filing writ petition before the High Court"2. Brief facts necessitating filing of instant petition are that the petitioner/wife along with her minor son Ayaan and daughter Mst. Anaya had brought a suit before the…

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