1988 PLP 634 (CLC)

‑‑‑O. XXI, R. 11‑‑West Pakistan Family Courts Act (XXXV of 1964), S.13‑‑Execution of money decree‑‑Powers of Family Court‑‑By investing power of execution of decree with Family Court, legislature, held clearly intended to attract provisions of O . XXI, C .P . C . for execution of decree, R .11 of which provided for immediate execution of decree by arrest of judgment‑debtor‑‑Decree granted in favour of wife for recovery of dower would not only be executable in ordinary manner provided by Civil Procedure Code but also in special manner provided in West Pakistan Land Revenue Act, 1967 if it was a money decree and was ordered so, by Court in its discretion. 1986 C L C 2381 ref. Mohammad Muzaffarul Haq, for Petitioner. The petitioner has challenged the order of his arrest issued by Family Court in pursuance of decree for dower made against him. The District Judge has dismissed the appeal of the petitioner on the ground that section 13(3) of West Pakistan Family Courts Act, 1964 is a discretionary provision which entitled a Court to direct that a money decree passed by a Family Court may be recovered as arrears of land revenue. The District Judge's view is that the same is not a mandatory provision. Mr. Muzaffarul Haq contended that money decree of family Court can be executed only as arrears of land revenue as provided in subsection (3) of section 13 of W . P . F . C . Act, 1964. 1 will reproduce the relevant two subsections of section 13. "...3. Where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the same shall, if the Court so directs, be recovered as arrears of land revenue and on recovery shall be paid to the decree‑holder ....

4. The decree shall be executed by the Court passing it or by such other Civil Court as the District Judge may, by special or general order, direct"..." In this respect Mr. Muzaffarul Haq has relied upon 1986 CLC 2381, where an Hon'ble Judge of Lahore High Court has taken the view that committal of husband to civil prison by Family Court for non‑satisfaction of decree for payment of maintenance amount passed in favour of wife was not warranted as such decree is executabl only by following the procedure relating to recovery of arrears of land revenue. The learned Judge relied upon section 13(3). I regret that I cannot subscribe to that view. Subsection (3) of section 13 1s a provision which gives a discretion to the Family Court to get the money decree executed as an arrear of land revenue. However, it is not a mandatory provision and in any case it does not take away the effect of subsection (4) of the said section which gives full powers to the Family Court to execute the decree and also allows execution of the said decree by such other Civil Courts as the District Judge may direct. By investing the power of execution of decree with the Family Courts, the legislature has clearly intended to attract the provisions of Order XXI, C.P.C. for the execution of decree and one of the rules of Order XXI is rule 11, which provides for immediate execution of decree by the arrest of the judgment‑debtor. The other provisions of Order XXI are also available to the decree‑holder in this respect. What is important is that the decree which has been granted in favour of a wife for the recovery of dower should be executable not only in the ordinary manner provided by the C.P.C., but also in the special manner provided in the Land Revenue Act, it was a money decree and was ordered so by the Court in its' discretion. The two provisions namely subsections (3) and (4) of section 13 are not exclusive of each other, but are complimentary to each other. In any case subsection (3) is applicable only if the Court so directs otherwise it is not ordinarily applicable and, therefore, it is not a provision for ordinary execution of money decree by the process of recovery of arrears of land revenue. This being the position, I do not find any thing wrong in the two orders passed by the lower Court and the District Judge and hence dismiss this petition in limine. The two Miscellaneous Applications are also dismissed as a result thereof. H . B . T . / I‑30/ K Petition dismissed.