Nikahnama Details in Court Marriage:
If you wish to know the nikahnama details in the procedure of court marriage in Pakistan, you may contact Jamila Law Associates. It could execute no decree against a person who was not a party to the proceedings. Executing Court could not go beyond the law for nikahnama details in the procedure of court marriage in Pakistan. The legislation passed by the Family Court would remain in the field to the extent of actual judgment-debtor even after suffering civil prison unless it was satisfied.
Execution of Decree:
The process of execution of decree could not shift towards the grandfather only on account of the mere fact that judgment-debtor had failed to discharge his liability under the law. Family Court could adopt the procedure provided in the Civil Procedure Code, 1908 to execute its decree. Judgment-debtor could be sent to civil prison for one year. Impugned order for attachment of property of grandfather was un-warranted by law which was declared illegal and unlawful for nikahnama details in the procedure of court marriage in Pakistan.
Petitioner/Judgment:
Petitioner/Judgment debtor was aggrieved of the order passed by Judge, Family Court, which transferred the decree to another district where the petitioner resided. Plea of the petitioner was that Judge, Family Court was competent to recover the decretal amount as arrears of land revenue. As such, there was no need to transfer the decree to the civil Court to another district. Validity. It was convenient and feasible for the petitioner to join proceedings before executing Court in that district and pay the decretal amount or contest the execution petition for nikahnama details in the procedure of court marriage in Pakistan. It infringed no right of the petitioner.
Procedure of Court Marriage in Pakistan:
The executing Court for nikahnama details in the procedure of court marriage in Pakistan had not passed any order towards mode and manner of recovery of the decretal amount. Therefore petitioner’s apprehensions were premature. The constitutional petition was dismissed in limine. Where Executing Court in the exercise of its discretion refrains from issuing direction for the recovery of decretal amount as arrears of land, it may follow the procedure as contained in the Code of Civil Procedure. Adopting a court approach under O. XXI, R. 30 for recovery of decretal amount does not violate the law for nikahnama details in the procedure of court marriage in Pakistan.
Provisions:
Provisions of S. 13 do not help determine the market value of ornaments; instead, it is silent about determining its value in case of decree for delivery of such property in un-executable. Provision of O. X, R. 10, and C.P.C. would, however, be applicable. Executing Court would determine such amount after proper inquiry and recording evidence of parties.”
Provision of O. XX, R. 10, and C.P.C. strict sense do not apply to Family Court proceedings given S. Provisions of S. 13(3) West Pakistan Court Act, 1964 have not ousted the jurisdiction of the Family Court to execute the decree for nikahnama details in the procedure of court marriage in Pakistan. The Muslim Family Law Act, 1964 is a special law and provides for the establishment of Family Courts in each District and at other places as the Government deems necessary.
