After the compromise, the husband/judgment-debtor had not taken any ground that any amount towards the satisfaction of the decree was paid privately to the wife--

After the compromise, the husband/judgment-debtor had not taken any ground that any amount towards the satisfaction of the decree was paid privately to the wife---Withdrawal of first execution petition on the basis of compromise was not absolute but was on the basis of settlement arrived at that time, and till the satisfaction of a decree , it could be executed within the given aggregate period of six years, from the date of the decree ---family court could exercise its own powers to prevent the course of justice being deflected from its path---family court had to regulate its own proceedings in accordance with provisions of the West Pakistan family court s Act, 1964 and in doing so, it had to proceed on the premise that every procedure was permissible unless a clear prohibition for the same was found in law, meaning thereby that the family court could exercise its own powers but was not debarred to follow the principles of the civil Procedure Code, 1908 coupled with the facts of a case---West Pakistan family court s Act, 1964 and the Rules made thereunder had not expressly prohibited the filing of a second execution petition especially in the circumstances when there was nothing on record that after the compromise and withdrawal of the first execution petition, any payment had been made or efforts were completed for satisfying the decree privately---Constitutional petition was dismissed.

PLD 2012 Pesh. 159
IFTIKHAR KHAN
Versus
Mst. AMINA BIBI