| Case ID |
148e4b86-bed1-4d2f-bc12-cb4e081e396c |
| Body |
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| Case Number |
W.P. No. 183-D of 2015 |
| Decision Date |
Jan 31, 2018 |
| Hearing Date |
|
| Decision |
The High Court allowed the petition and restored the order passed by the Family Court, directing the executing court to proceed with the execution petition in accordance with law. The court held that the provisions of the Limitation Act were not strictly applicable in family matters, particularly regarding maintenance allowances. The appellate court had erred by applying Article 181 of the Limitation Act to execution matters, as it was meant for applications and not for executions where no period of limitation is defined in family laws. The court emphasized that the respondent had not paid any maintenance as per the decree, and thus the execution petition was deemed maintainable. |
| Summary |
In the case of W.P. No. 183-D of 2015, the Peshawar High Court addressed a significant issue regarding the execution of maintenance decrees under the Family Courts Act, 1964 and the Limitation Act, 1908. The petitioner, MST. ZAKIYA BIBI, contended that her execution petition for unpaid maintenance was maintainable, contrary to the respondent's assertion that it was time-barred. The court ruled in favor of the petitioner, emphasizing that the provisions of the Limitation Act do not apply in family matters in a strict sense. This landmark decision highlights the importance of ensuring that maintenance decrees are enforced without undue limitations, reinforcing the rights of individuals in family law cases to seek enforcement of court orders. The High Court's ruling also sets a precedent for future cases involving execution petitions and maintenance allowances, underscoring the necessity of timely justice in family law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM
|
| Lawyers |
Miss Samina Kanwal,
Miss Farhana Jabeen
|
| Petitioners |
ANOTHER,
MST. ZAKIYA BIBI
|
| Respondents |
2 OTHERS,
MURTAZA SHAH
|
| Citations |
2018 SLD 1546,
2018 YLR 1501
|
| Other Citations |
Sher Zaman v. Mst. Mahzari W.P. No.2175-P of 2016,
Syed Muhammad v. Mst. Zeenat and others PLD 2011 SC 128
|
| Laws Involved |
Family Courts Act, 1964,
Limitation Act, 1908
|
| Sections |
12,
181
|