The term "decree" is nowhere defined in the Family Courts Act, 1964. So for this purpose, recourse can be made to section 2 (2) of the Code of Civil Procedure (V of 1908), which defines the decree.

The term "decree" is nowhere defined in the Family Courts Act, 1964. So for this purpose, recourse can be made to section 2 (2) of the Code of Civil Procedure (V of 1908), which defines the decree. After having a glimpse of the definition of decree, no doubt left that a decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint the determination of any question within section 144 and an order under rules 60, 98, 99, 101 or 103 of Order XXI but shall not include any adjudication from which an appeal lies as an appeal from an order or any order of dismissal for default. Suit for dissolution of marriage was decreed in terms of section 10 (4) of the Family Courts Act, 1964. The decision was compound, which on the one hand dissolved the marriage interse parties and on the other dissolution was made subject to return of dower. Section 13 of the Family Courts Act, 1964 provides the manner of enforcement of decrees The manner and form of decree is provided in the West Pakistan Family Court Rules, 1965. Rules 16 and 17, for the said purpose, are more relevant The above discussion leads to irresistible conclusion that the order dated 8th December, 2010 resulting into dissolution of marriage on the basis of Khula subject to return of dower, for all intent and purposes, was a decree under section 13 of the "Act, 1964" and was executable

Writ Petition-Family-Miscellaneous
2827-16
MUHAMMAD SUQRAT VS A.D.J RWP ETC.
Mr. Justice Mirza Viqas Rauf
02-03-2023
2023 LHC 992