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Summary: (a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched., Ss.13 & 14---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance allowance---Execution of decree---Suit for recovery ofmaintenance allowance filed by the plaintiff having finally been decreed, plaintiffs filedexecution petition, which was allowed---Execution proceedings remained pending for aconsiderable period due to delaying tactics of the judgment-debtor---Petitioner, who wasfather of the judgment-debtor stood surety for payment of decretal amount---Petitionerpaid Rs.10,000 and undertook to pay the remaining decretal amount in case of nonpayment by the judgment-debtor---Later on decretal amount having not been paid by thejudgment-debtor or the petitioner/surety, judgment-debtor was finally arrested---Application filed by the petitioner/surety for discharge of his surety, had been dismissedby the Family Court and Appellate Court---Validity---Petitioner's contention was that ashe himself was not judgment-debtor and was merely a surety of judgment-debtor, onarrest of judgment-debtor, no further action could be taken against him, when he hadperformed his duty by producing the judgment-debtor before the court---Contention ofthe petitioner was misconceived as petitioner did not stand surety for appearance ofjudgment-debtor, but he stood surety for the payment of decretal amount---Petitioner,could not be absolved of his liability on account of arrest of judgment-debtor---Action forrecovery of decretal amount could validly be taken against petitioner/surety---Nointerference was required by High Court in impugned orders passed by the FamilyCourt and Appellate Court below---Petition was dismissed.Nawazo v. The State 2004 SCMR 563; Ghulam Qadir Siyal v. The State 1997 PCr.LJ554 and Mst. Maqsooda Mai v. Bukhat Ali and another 2007 MLD 1264 distinguished.(b) West Pakistan Family Courts Act (XXXV of 1964)-------S. 14(3)---Constitution of Pakistan, Art.199---Constitutional petition---Appeal againstinterim order---Petitioner in his constitutional petition had challenged an interim order ofExecuting Court---When the legislation had specifically prohibited the filing of appeal orrevision against an interim order, filing of constitutional petition against such orderwould amount to defeating and diverting the intent of the legislature---Constitutionalpetition was dismissed. Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary S&GAD,Karachi and others 1996 SCMR 1165; Muhammad Sabir v. Mst. Azra Bibi and 2 others2011 CLC 417 and Muhammad Irfan v. Judge, Family Court, Sargodha and 2 others2008 CLC 582 rel.

Summary: Summary pending.

Summary: Summary pending.