| Case ID |
391e8597-23cc-48f2-8329-34ab4bec1c47 |
| Body |
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| Case Number |
Writ Petition No. 18134 of 2018 |
| Decision Date |
Dec 12, 2018 |
| Hearing Date |
|
| Decision |
The Court dismissed the constitutional petition in limine, stating that the petitioner, who was the judgment debtor of a family decree for maintenance and dowry, had not established any grounds for interference with the orders of the learned District Judge, Okara. The petitioner had failed to demonstrate that the transfer of the decree to the Senior Civil Judge, Sahiwal was illegal or improper. The Court noted that the petitioner had not made any payments towards the decree, indicating a lack of good faith in seeking relief. The Court emphasized that the execution of family court decrees is a matter of significant legal and moral obligation, and that the decree holders should be able to pursue their rights effectively. The petitioner's concerns regarding the transfer were deemed premature as the executing court had not yet made any definitive orders regarding the recovery of the decretal amount. |
| Summary |
This case involves a Writ Petition filed in the Lahore High Court regarding the enforcement of a family court decree for maintenance and dowry. The petitioner, Shameem Riaz Ahmad Langrial, challenged the orders of the District Judge, Okara, which transferred the enforcement proceedings to another district. The legal implications of the Family Courts Act, 1964 and the Constitution of Pakistan were examined, focusing on the rights and obligations of the judgment debtor and the decree holder. The decision highlighted the importance of ensuring that family court decrees are executed effectively, reinforcing the principle that those who seek equity must do equity. The case underscores the challenges faced in the execution of family court decrees in Pakistan, where delays and procedural hurdles can often hinder justice for decree holders. This case is significant in the context of family law and the enforcement of decrees, providing insights into the judicial approach towards the execution of family court orders. Key terms include family law, maintenance, dowry, enforcement of decrees, and constitutional jurisdiction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUJAHID MUSTAQEEM AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Shameem Riaz Ahmad Langrial
|
| Respondents |
DISTRICT JUDGE OKARA,
Mst. Hamida Bibi
|
| Citations |
2019 SLD 830,
2019 CLC 665
|
| Other Citations |
Muhammad Sadiq v. Dr. Sabira Sultana 2002 SCMR 1950,
Farooq Ahmed and another v. Additional District Judge, Samundari, District Faisalabad and 5 others PLJ 2015 Lah. 774,
Abdul Matloob v. Zarqa Kalsoom and others 2003 CLC 1458,
Nasir Khan v. Tahira Rashida 1986 CLC 2381,
Lal Muhammad and another v. Mst. Niaz Parwara PLD 1970 Pesh. 52,
Syed Maqsood Ali v. Mt. Soofia Noushaba and 2 others 1986 CLC 620,
Muhammad Ramzan and others v. Civil Judge and others 2003 YLR 2767,
Muhammad Abdullah v. Yatim Khana Khalqia, Sargodha through its Manager and others 2004 SCMR 471,
Amjad Iqbal v. Mst. Nida Sohail and others 2015 SCMR 128,
Muhammad Pervez v. Mst. Nabila Yasmeen and 2 others 2004 SCMR 1352
|
| Laws Involved |
Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
13,
13(3),
199
|