| Citation(s) |
|---|
| 2025 SLG 3262 2025 SLD 3262 |
Writ Petition No.1059-P/2025 with IR
Dr. Khurshid Igbal, J.
For petitioner:Ā Ā Ā Ā MISĀ Ā Ā Ā Tajdar Faisal Khan Marwat & Asad Zeb Advocat s For
Respondents:Ā Ā Ā Ā Mr. Safeer Qaiser Malik Advocate. Date of hearingĀ Ā Ā Ā 07.03.2025
Mst. Taqiya Begum
VS
. Intikhab & others
Law: Code Of Civil Procedure, 1908.
Section: 39, 46, 10, 11
Law: West Pakistan Family Courts Act, 1964
Section: 13(4)
REMARKS
The view that a family court may transfer execution proceedings under section 39 of the Civil Procedure Code, 1908, elaborated in facts and circumstances of the case.
Summary:Two-word description:
Jurisdiction Transfer
This case involved two connected writ petitions concerning the execution of a family court decree for dower, which included a 10 marla house located in Swabi. The decree was originally passed by the Judge Family Court (JFC) Peshawar, but the property was outside its territorial jurisdiction. The Peshawar court issued a warrant for possession without transferring the decree to Swabi as required under Sections 39 & 46 CPC. Meanwhile, the JFC Swabi suspended the Peshawar courtās warrant, which it had no authority to do.
The High Court set aside both orders, directing that the decree for the house be transferred to Swabi for execution and that the execution proceedings be clubbed with the objection petition pending there.