2017 YLR 827 LHC Lahore High Court Execution of Decree Judgment by Family Court
Waheed Anwar Vs Additional Distric Judge
S. 13—Decree for maintenance allowance, execution of—Conditional compromise—Wife withdrew earlier execution petition on basis of conditional compromise-Subsequently husband failed to honour terms of compromise, therefore, his warrants were issued—Husband objected to warrant contending that “once compromise was always a compromise” therefore his warrants should be cancelled—Circumstances demonstrated that decree was not satisfied in letter and spirit, rather parties entered into a compromise on conditional statement of wife i.e. that if husband again deserted her from his house, she reserved the right to re-file execution petition-Judgment-debtor being father of minors and husband of the lady was under legal and moral obligation to maintain them—Judgment and decree was not assailed before appellate court, therefore, it had attained finality and no exception could be taken to that—Executing court could not go beyond the decree—Contention of judgment- debtor that “once compromise was always a compromise” was misconceived and ill-founded because compromise inter se parties was conditional which was revoked by husband/father himself—Constitutional petition was dismissed accordingly.
Execution of Decree Judgment by Family Court 2017 YLR 827 LHC
