Dower to pay For Execution of Decree of Dissolution of Marriage on the basis of Khula
Автор: Ashraf Asmi Advocate
Загружено: 2023-04-06
Просмотров: 1266
Описание:
#Dower #Khula #divorce #HaqMaher
Execution of decree of khula subject to dower. Dower have to pay For Execution of Decree of Dissolution of Marriage on the basis of Khula. Whether an order under section 10 (4) of the Family Courts Act, 1964 decreeing suit for dissolution of marriage on the basis of Khula subject to return of dower is a decree under section 13 of the Act ibid and is executable as such?Analysis: Section 2 (2) of the Code of Civil Procedure (V of 1908) describes decree as the formal expression of an adjudication which, so far as regards the Court expressing
it, conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit and it may be either preliminary or final. Section
13 of the Family Courts Act, 1964 provides the manner of enforcement of decrees
while the manner & form of decree is provided in Rules 16 & 17 of the West
Pakistan Family Court Rules, 1965. The order is compound when suit for
dissolution of marriage is decreed in terms of section 10 (4) of the Act ibid,
dissolving the marriage interse parties as well as making it subject to return of
dower.
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