فیملی کورٹ کی ڈگری کا اجرا دائر کرنے کی کوئی معیاد نہ ھے۔

 From the perusal of the provision of Sec. 13 of the Family Courts Act 1964 it appears that no limitation is provided for filing of an execution petition in family cases.

No specific period of limitation for implementation of decree of dower can be fixed and whenever wife moves the legal forum for satisfaction of her right, husband is under legal obligation to satisfy such decree. Postponement of recovery of dower for any consideration during subsistence of marriage would not deprive the wife from execution of the decree being barred by time.

A cursory glance at Family Courts Act, 1964 shows that the legislature has left many vacant areas but it does not necessarily means that embargo has been placed upon the Family Court in the exercise of certain powers, confidence has been shown in the Court to proceed in the matter by exercising its inherent powers to avoid abuse of the process of law without any hindrance of the technicalities imposed by Civil Procedure Code, 1908. The purpose of enacting Family Courts Act is to frustrate the technicalities for the purpose of justice between the parties in the shortest possible manner. All that the Family Courts Act has done is that it has changed the forum, altered the method of trial and empowered the Court to grant better remedies. The purpose of enacting special law regarding the family disputes is for the purpose of advancement of justice and to avoid technicalities. It is settled proposition of law that Judge Family Court is competent to regulate its own proceedings as the West Pakistan Family Courts Act, 1964 does not make provisions for every conceivable eventuality for unforeseen circumstances.

Provisions of Limitation Act, 1908 are not applicable in family matters in stricto-senso.

An Executing Court while executing a family decree can exercise its own powers to prevent the course of justice being deflected from its path. To regulate the proceedings it has to proceed on the premises that every procedure is permissible unless clearly prohibition is found in law, meaning thereby that Family Court can exercise its powers but is not debarred to follow the principles of other laws coupled with the facts. Proceedings of the Family Court, whether as a Trial Court or an Executing Court are governed by the general principles of equity, justice & fair play.

Writ Petition No.6002 of 2022.
Mirza Muhammad Akbar Baig. Versus Add. District Judge, etc.
Date of hearing: 09-03-2023