As far as Limitation Act is concerned under its Article 182 period for execution of a decree of any Civil Court has been prescribed to be three years but in our opinion as the Family Court is not a Civil Court stricto senso, therefore, the provisions of this Article can also not be pressed into service.

 8. First of all I would like to dilate upon the issue of limitation. During the course of arguments learned counsel for the petitioner has laid a lot of emphasis that according to Articles 103 and 104 of the Limitation Act, 1908 suit of the respondent was time barred. The Hon’ble Supreme Court of Pakistan in case reported as Syed Muhammad ..Vs.. Mst. Zeenat and others (PLD 2001 Supreme Court 128) has observed that “ As far as Limitation Act is concerned under its Article 182 period for execution of a decree of any Civil Court has been prescribed to be three years but in our opinion as the Family Court is not a Civil Court stricto senso, therefore, the provisions of this Article can also not be pressed into service. Thus reliance has to be placed on the residuary Article i.e. Article 181 of the Limitation Act, which provides the period of three years when the right to apply accrues.” Articles 103 and 104 of the Act ibid relied upon by the learned counsel for the petitioner provides as under:-

 Description of Suit Period of Intimation Time from which period begins to run 1 2 3

103. By a Muhammadan for exigible dower (mu’ajjal) 

Three years 

When the dower is demanded and refused or (where during the continuance of marriage no such demand has been made( when the marriage is dissolved by death or divorce.

104. By a Muhammadan for deferred dower (mu’wajjal) 

Three years 

When the marriage is dissolved by death or divorce  

Even if for the sake of arguments, it is assumed that the aforesaid Articles are applicable to the respondent’s suit even then the suit of the respondent is well within time. Admittedly, the divorce has been effected on 07.11.2004, whereas, the suit was filed on 07.09.2007 i.e. prior to expiry of three years period of limitation in the light of the aforesaid Articles. The contention of the petitioner that limitation would be computed from the date of pronouncement of divorce is misconceived because if it is taken into consideration then the whole intention of legislation for revocation of divorce within a certain period would fall to ground. Thus conclusion of the learned courts below on this issue is unexceptionable and needs no interference.  

Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

WP- Family Law
12640-13

2014 LHC 5114