Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Partial decree, execution of---Powers of Executing Court--­Family suit were decreed in terms of compromise between the parties whereby the wife had agreed to live with the husband and in return the husband was to shift the dowery articles to the house where the spouses were to live together---Wife, refused to live with the husband, after disposal of the suits, and filed a suit for dissolution of marriage which was decreed by the Family Court and the decree was maintained by High Court---Wife initiated execution proceedings for the recovery of dowry articles---Husband raised objection to the maintainability of the proceedings on the ground that as the wife did not perform her part of agreement, therefore, the execution of compromise decree would be a partial execution--- Family Court disallowed the objection, while the Appellate Court accepted the appeal and directed the Family Court to restore the suit for recovery of dowry articles---Validity---Execution of the decree in favour of the wife for the return of the dowry articles would amount to execution of a partial decree in her favour which was not just and proper as the Executing Court could not do the same, because the wife had released herself from performing her obligation on her side under the decree granted in favour of the husband---If the wife would be allowed to execute the decree, the same would amount on the part of Executing Court to go behind the decree which could not be done--­Seeking partial execution of decree by a person without fulfilling his own obligation under the same decree disentitled the person from seeking the requisite relief---Order passed by the Appellate Court was not suffering from any illegality as the same was well-reasoned and did not call for any interference by High Court---Constitutional petition was dismissed in limine. AIR 1956 SC 359 and AIR 1972 SC 726 ref. JUDGMENT MALIK HAMID SAEED, J.--- The question raised for determination in the instant writ petition filed by Mst. Shamim Ara is; whether an Executing Court or an Appellate Court in the…

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