| Case ID |
ffc7a99a-32c4-4064-bbf8-3f18b96acc4f |
| Body |
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| Case Number |
W.P. No. 2956 of 2014 |
| Decision Date |
Mar 12, 2014 |
| Hearing Date |
|
| Decision |
The constitutional petition was dismissed in limine. The petitioner had sought to absolve himself of the liability arising from a surety bond executed by him, which was dismissed by the Executing Court. The court upheld that the Family Court has the discretion to determine the procedure for recovering a money decree, including arresting the debtor or attaching property. The surety, who was the petitioner, remained liable despite the debtor being imprisoned. The court found no merit in the petitioner's plea and reinforced that both the debtor and the surety are collectively and severally liable to fulfill the decree. |
| Summary |
In the case titled 'MUHAMMAD AMIN vs JUDGE, FAMILY COURT, SAHIWAL AND 3 OTHERS', heard by the Lahore High Court, the petitioner, Muhammad Amin, sought to challenge an order passed by the Family Court, Sahiwal. The case revolves around a suit for maintenance filed by minors Mst. Abida Kausar and Mst. Sajida Kausar against their father, Riaz Ahmad. The Family Court had decreed that Riaz Ahmad pay maintenance, which he failed to do, leading to execution proceedings. Amin, who stood as surety for Riaz Ahmad, attempted to withdraw his surety bond, claiming he did not expect personal liability. However, the court dismissed his application, emphasizing that both the debtor and surety are liable. The case highlights the discretionary power of Family Courts under the West Pakistan Family Courts Act, 1964, particularly Section 17, which allows courts to bypass traditional civil procedure codes. This decision underscores the legal responsibility of sureties and the procedural flexibility of Family Courts in executing decrees. The constitutional petition was ultimately dismissed, reinforcing the binding nature of surety undertakings. Keywords: Family Court, maintenance suit, surety bond, legal liability, execution of decree, West Pakistan Family Courts Act, constitutional petition. |
| Court |
Lahore High Court
|
| Entities Involved |
Riaz Ahmad,
Mst. Abida Kausar,
Mst. Sajida Kausar
|
| Judges |
MAHMOOD AHMED BHATTI, JUSTICE
|
| Lawyers |
Syed Jaffar Tayyar Bukhari for Petitioner
|
| Petitioners |
MUHAMMAD AMIN
|
| Respondents |
3 OTHERS,
JUDGE, FAMILY COURT, SAHIWAL
|
| Citations |
2015 SLD 2544,
2015 YLR 316
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
13,
17,
5,
199
|