Nikahnama Correction After Court Marriage:
If you need guidance in nikahnama correction after the procedure of court marriage in Pakistan, you may contact Jamila Law Associates. If judgment-debtor pays money or any property is delivered to decree-holder. Still, suppose the decretal amount is not paid within the time specified by the Court for the nikahnama correction after the procedure of court marriage in Pakistan.
Family Court, therefore could act as Collector. Words “be recoverable as arrears of land revenue and on recovery shall be paid to the decree-holder” in S. 13, West Pakistan Family Courts Act, 1964, make the Court as Executing Court. The petitioner could be detained for one year. The execution of a money decree in family matters is governed by Section 13(3) of Act, 1964, whereby the executing Court can summon judgment debtor to pay maintenance allowance. The Court is to proceed and adopt coercive measures. The defendant, through a petition under s. 491, Cr.P.C. is not to challenge proceedings of Executing Court regulated by West Pakistan Family Courts Act, 1964 for the nikahnama correction after the procedure of court marriage in Pakistan wherein particular procedure has been provided for recovery of the decretal amount, which includes adopting of coercive measure against the judgment debtor.
Executing Court though cannot go behind the decree at the same time the said Court can look into whether the order or part thereof is executable or in-executable. For any reason, the ‘decree had become in- executable. The executing Court is empowered to declare so. If a part of the decrees is in-executable and that part is severable from the other part of the decree for the nikahnama correction after the procedure of court marriage in Pakistan. Then the executing Court is empowered to refuse the execution of the in-executable part of the decree and may proceed with the execution of the rest of the decree.
Procedure of Court Marriage in Pakistan:
Although the mode of execution for the nikahnama correction after the procedure of court marriage in Pakistan, though recovery as arrears of land revenue, had explicitly been provided in S. 13(3) of Family Courts Act, 1964, and S. 17 had excluded the application of Civil Procedure Code, 1908. However, Family Court can follow the procedure as contained in the Civil Procedure Code, 1908 for the execution of the decree.” Act, 1964 stipulates that the decision given by the Family Court is appealable provided the said decision is not an interim order or decision of interlocutory nature. The order passed the suit cannot be treated as a temporary or interlocutory order if the said cannot be treated as an interim or interlocutory order if the said order had finally determined an issue of the nikahnama correction after the procedure of court marriage in Pakistan.
Departure from express provisions of S. 13(3) of the West Pakistan Family Courts HCt 1964 would violate the law. The procedure prescribed for execution of the decree in the said provision was to be resorted to. Although provisions were excluded by S. 17 of the Act, general principles there under could be revoked for the due administration of justice where it provided no procedure in the vest Pakistan Family Courts Act, 1964 for the nikahnama correction after the procedure of court marriage in Pakistan. Family Court was empowered to direct recovery of decree amount from the arrears of land revenue. Chapter VIII of the West Pakistan Land Revenue Act, 1967 provided a procedure for such recovery.
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