LAL MUHAMMAD AND Another vs Mst. NIAZ PARWARA — 1970 PLD 52

Citation: 1970 PLD 52

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-11-28

Parties: LAL MUHAMMAD AND Another vs Mst. NIAZ PARWARA

Headnotes

Case cited as PLD 1970 Peshawar 52

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaiser Rashid Khan Title: LAL MUHAMMAD AND Another vs Mst. NIAZ PARWARA Case No.: Civil Revision No. 132 of 1969 Date of Judgment:1969-11-28 Reported As: PLD 1970 Peshawar 52 Result: Petition accepted JUDGMENT JUDGMENT Mst. Niaz Parwara obtained a decree for the recovery of her dower against her husband Lal Muhammad from-a Family Court. During the execution of the decree the judgment-debtor deposited the decretal amount of Rs. 1,b0J in Court for the decree-holder. 2. In the meantime Lal Muhammad obtained a decree for restitution of conjugal rights against his wife Mst. Niaz Parwara froth the Family Court and applied to the said Court for the execution of his decree by the attachment of the sum of Rs. 1,800 belonging to Mst. Niaz Parwara lying in Court. The learned Judge of the Family Court attached the said amount by his order, dated 26-11-1968. 3. Mst. Niaz Parwara went up in appe4l against the order of attachment to the Court of the District Judge alleging that the provisions of the C. P. C. Did not apply to proceedings before a Family Court, and that the order of the Family Court attaching the amount was, therefore, illegal. Reliance was placed on section 17 of the West Pakistan Family Court, Act. The plea found favour with the learned Additional District Judge who heard the appeal and accepting the appeal, he set aside the order of attachment by his order, dated 15-5-69. 4. Lal Muhammad, the decree holder, has come up in…

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