Law:

Section:

(i) West Pakistan Family Courts Act, 1964 (XXXV of 1964)- (ii) ----S. 13(3)--Civil Procedure Code (V of 1908), O.XXI, R. 29 & S. 151--Criminal Procedure Code (V of 1898), S. 491--Suit for maintenance was decreed--Judgment debtor filed an application seeking his release against bail bond accepted subject to--Validity--Held: Family Courts Act, 1964 has created a special procedure for decision of family matter and CPC and Evidence Act are not applicable to a case before Family Court for reasons that Family Courts are given inquisition jurisdiction through special procedure provided under the Act for regulating family matters--Reason for exclusion of provision of CPC and Evidence Act is that spouse may have easy access to justice--Family Courts are special tribunals which regulate and supervise the rights of the parties under the provisions of Family Courts Act. [Pp. 19 & 20] A (iii) Criminal Procedure Code, 1898 (V of 1898)- ---S. 491--West Pakistan Family Courts Act, 1964, S. 13(3)--Petitioner filed petition under S. 491 Cr.P.C. cannot challenge the proceedings of executing Court regulated by West Pakistan Family Courts Act 1964 wherein, as stated earlier, special procedure has been provided for recovery of decretal amount pursuant to the decrees passed by the Family Courts which includes adopting of coercive measures--Petition dismissed. PLD 1984 SC 95 & PLD 1967 SC 402, rel. Order Through this petition under Section 491 Cr.P.C. prayer has been made for the production of Fateh Ali son of the petitioner before this Court to be dealt with in accordance with law. 2. The facts of the case are that Respondent No. 3 filed a suit for maintenance of herself and her three children against Fateh Ali in the Court of Judge Family Court Ferozewala. The matter was contested where after a decree in the sum of Rs. 1,24,398/- was passed in favour of Respondent No. 3 and against the said Fateh Ali by the learned Judge Family Court on 15.5.2004 which was challenged before the learned Addl. District Judge Ferozewala through an appeal which was dismissed on 14.7.2004 and the decree, therefore, attained finality. Respondent No. 3 filed execution proceedings before the…

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