| Case ID |
0fe1d79d-e0f4-4b0b-a5c3-f42aee6035d9 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.8357 of 1997 |
| Decision Date |
Nov 10, 1997 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition, affirming the decisions of the lower courts which held that the Family Courts Act, 1964 primarily governs the execution of decrees related to family disputes. It was determined that the omission by the court to specify a time for payment does not render the decree unenforceable. The court emphasized that the Family Courts Act was designed to simplify procedural aspects and promote justice in family matters, thus procedural changes do not affect substantive rights. The judgment also highlighted that the principles of the Civil Procedure Code could apply in Family Court where there is no conflict with the Family Courts Act. |
| Summary |
In the case of Writ Petition No.8357 of 1997, the Lahore High Court addressed the procedural aspects of family law under the West Pakistan Family Courts Act, 1964. The case arose from a consolidated judgment concerning maintenance and dower recovery. The petitioner challenged the execution of the decree arguing that the absence of a specified payment time rendered it unenforceable. The court ruled that the Family Courts Act provides mechanisms for recovery and that these should be interpreted to facilitate justice. The decision clarified that procedural omissions do not invalidate enforceability, reinforcing the act's intent to streamline family dispute resolutions. This case underscores the importance of understanding family law statutes and their interplay with civil procedure, particularly in the context of rights and remedies available in family courts. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Sardar Tariq Sher Khan
|
| Petitioners |
GHULAM MURTAZA
|
| Respondents |
2 others,
ADDITIONAL DISTRICT JUDGE (II), D.G. KHAN
|
| Citations |
1999 SLD 754,
1999 CLC 81
|
| Other Citations |
PLD 1970 Pesh. 52,
1987 CLC 1277,
1986 CLC 2381,
Khalil-ur-Rehman Bhutta v. Razia Naz 1984 CLC 890,
Ijaz Mahmood v. Mst. Humera 1983 CLC 3305,
Nasir Khan v. Tahira Rashida 1986 CLC 2381,
1989 CLC 1360,
Qurban Ali Khan's case PLD 1993 Kar. 159,
PLD 1984 SC 95,
Malik Khizer Hayat Khan Tiwana v. Mst. Zainab Begum PLD 1967 SC 402,
PLD 1975 Lah. 7,
PLD 1989 SC 532,
1993 SCMR 363,
PLD 1981 SC 522,
PLD 1981 SC 246
|
| Laws Involved |
West Pakistan Family Courts Act (XXV of 1964),
Civil Procedure Code (V of 1908)
|
| Sections |
13(3),
17,
141
|