LAHORE: The Lahore High Court has ruled that a decretal amount can be recovered under the provisions of Code of Civil Procedure (CPC) which entails imprisonment up to one year, unless there is a specific order passed by a court executing a decree.

The ruling came on a petition of a man undergoing a civil imprisonment for not paying the amount of maintenance allowance and dowry articles to his former wife as decreed by a family court.

A suit by the woman was decreed on in 2019 by the family court and in an execution petition the man refused to pay the decretal amount. He was sent to civil prison for noncompliance of judgments and decrees on Sept 8, 2020.

The husband challenged his imprisonment before the high court for being unlawful. His counsel argued that under section 13(3) of the Family Courts Act, 1964 the decretal amount could only be recovered as arrears of land revenue and under section 82(5) of the Land Revenue Act, 1967 the civil imprisonment cannot exceed 30 days.

He said the civil imprisonment of the petitioner for the last more than eight months was patently illegal and against the provision of family court’s Act.

On the other hand, the counsel for the woman argued that the procedure prescribed under the Land Revenue Act can be followed by a family court through a specific order and in the absence of such order, the CPC shall be applicable.

He said in the present case, no specific order was passed by the trial court to follow the procedure under the Land Revenue Act.

Justice Abid Aziz Sheikh, in his ruling, observes that plain reading of section 13(3) of the Family Courts Act shows that if the court so directs, the payment of money and decretal amount to be recovered as arrears of land revenue. Therefore, he observes, the words “if the court so directs”, gives discretion to the family court to get the money decree executed as arrears of land revenue.

He notes that the holistic reading of section 13 of the Act shows where decree relates to payment of money and decretal amount is not paid, the same will be recoverable in ordinary manner provided under the provisions of CPC but through specific order, the special procedure under the Land Revenue Act can also be followed by a family court.

The judge observes that the order passed by the executing court shows that no specific order was passed to recover the decretal amount as arrears of land revenue, therefore, civil imprisonment terms of the petitioner will not be governed by the Land Revenue Act but under section 55 of the CPC, under which, civil imprisonment for failure to pay the decretal amount can be up to one year. With these observations, the judge dismissed the petition of the husband.

Published in Dawn, May 16th, 2021