| Case ID |
385771bf-384d-48c8-b38d-20b9b3697982 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.25494 of 2011 |
| Decision Date |
Dec 08, 2011 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the petitioner, who was a surety for the debtor, could not be absolved of his liability for the payment of the decretal amount. The court found that the petitioner had undertaken to pay the decretal amount in case of non-payment by the debtor, and therefore, no interference was required in the orders passed by the Family Court and the Appellate Court. The court clarified that the petitioner stood surety for the payment of the decretal amount rather than for the appearance of the debtor. Additionally, the constitutional petition against the interim order was dismissed as it was deemed not maintainable under the Family Courts Act, 1964. |
| Summary |
This case revolves around a writ petition filed in the Lahore High Court, challenging the orders of the Family Court regarding the execution of a maintenance allowance decree. The petitioner, who was the father of the judgment-debtor, had stood as surety for the payment of the maintenance amount owed to the respondent, Mst. Hajran Bibi, and her minor daughters. The Family Court had ordered the execution of the decree after the judgment-debtor failed to pay the amount, leading to the arrest of the debtor. The petitioner contested that, as a surety, he should not be liable for the payment upon the arrest of the debtor. However, the court upheld that the petitioner had a clear obligation to pay the decretal amount as per his agreement and dismissed the petition, emphasizing the legal responsibilities of a surety under the Family Courts Act and the Constitution of Pakistan. This case highlights the legal implications of suretyship and the enforceability of maintenance decrees in family law. Keywords include 'maintenance allowance', 'execution of decree', 'Family Courts Act', 'surety liability', and 'constitutional petition'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK SHAHZAD AHMAD KHAN, J
|
| Lawyers |
Kh. Muhammad Saeed
|
| Petitioners |
AMANULLAH KHAN
|
| Respondents |
DISTRICT JUDGE,
Kh. Muhammad Saeed
|
| Citations |
2012 SLD 506,
2012 CLC 679
|
| Other Citations |
Nawazo v. The State 2004 SCMR 563,
Ghulam Qadir Siyal v. The State 1997 PCr.LJ 554,
Mst. Maqsooda Mai v. Bukhat Ali and another 2007 MLD 1264,
Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi and others 1996 SCMR 1165,
Muhammad Sabir v. Mst. Azra Bibi and 2 others 2011 CLC 417,
Muhammad Irfan v. Judge, Family Court, Sargodha and 2 others 2008 CLC 582
|
| Laws Involved |
Constitution of Pakistan, 1973,
Family Courts Act, 1964
|
| Sections |
199(1),
13(3),
14(3)
|