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Installments

The High Court of Sindh is addressing a petition challenging a warrant of arrest issued against the petitioner in a family execution case regarding dowry articles. The petitioner seeks to pay the owed amount in installments, which has not been considered by the Executing Court. The court has suspended the operation of the arrest warrant and directed the petitioner to apply for installment payments.

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Riaz Butt
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16 views3 pages

Installments

The High Court of Sindh is addressing a petition challenging a warrant of arrest issued against the petitioner in a family execution case regarding dowry articles. The petitioner seeks to pay the owed amount in installments, which has not been considered by the Executing Court. The court has suspended the operation of the arrest warrant and directed the petitioner to apply for installment payments.

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Riaz Butt
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We take content rights seriously. If you suspect this is your content, claim it here.
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ORDER SHEET

IN THE HIGH COURT OF SINDH,


CIRCUIT COURT, HYDERABAD.

C.P No.S-39 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on M.A No.111/19.


For orders on M.A No.112/19.
For orders on M.A No.113/19.
For hearing of main case.

17.01.2019

Mr. Pervaiz Iqbal Butt, Advocate for Petitioner.


=

1. Urgent application is granted.

2. Exemption granted subject to all just exceptions.

3&4. This petition challenges the warrant of arrest issued by the Executing Court

in Family Execution Application No.01 of 2018, against the petitioner.

Learned counsel for the petitioner states that the Family Court through its

Judgment dated 28.04.2017, allowed the plaint of respondent No.2, in respect of

the dowry articles except one gold ring of 9 grams and declined Haq Mahar i.e 4

Tola of Gold. Learned counsel states that vide order dated 15.10.2018, the trial

Court valued the dowry articles in the sum of Rs.4,26,000/-. Learned counsel

further states that the petitioner has already made an application before the trial

Court to make the payment of dowry articles through installments. Learned


counsel while referring the Section 13 of Sub-section 5 of West Pakistan Family

Court Ordinance, 1964, states that the Family Courts are empowered that money

payable under the decree could be made payable in installments as the Court deem

fit. Learned counsel states that when the application of the petitioner was pending

before the Family Court for making the payment of dowry articles through the

installments, by the issuance of warrant of arrest, serious injustice is caused to the

petitioner. He states that the petitioner is inclined to make payment of the dowry

amount, however, in installments at the rate of Rs.20,000/- per month and such

request has not been considered by the Family Executing Court. In this regard

reliance on the Provision of Section 51 of CPC is made, where before arrest and

detention of a person, the court has to the first considered that whether the

judgment debtor is given an opportunity of showing cause as to why he should not

be committed to prison by attaching any of his properties, however, such provision

has not been followed by the Executing Court.

Let notice be issued to the respondents, as well as, learned A.A.G for

07.02.2019. However, petitioner is directed to immediately approach the Executing

Court by moving an application for making payment of dowry articles in

installments of Rs.20,000/- per month. Meanwhile, operation of the impugned

order is suspended till the next date of hearing.


JUDGE

Fahad Memon

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