PLD 2019 Lahore 502
Ss. 5, Sched & 13(3)---Specific Relief Act (I of 1877), S. 42---Transfer of Property Act (IV of 1882), S. 54---Suit for recovery of maintenance allowance---Execution petition---attachment of property of judgment-debtor---Objection petition---Declaratory suit on behalf of second wife of the judgment-debtor---Injunctive order restraining judgment-debtor from alienation of his property---Effect---Property of judgment-debtor was attached in execution petition---Second wife of judgment-debtor (husband) filed suit for declaration wherein injunctive order was passed restraining him from alienation of suit property---Executing Court consigned execution petition till decision of civil suit---Validity---No injunctive order qua the execution proceedings nor execution process could be suspended through declaratory suit---Injunctive order itself was limited to the extent of alienation by the judgment-debtor---Judgment-debtor could not escape from his liability for satisfaction of his debts---Execution proceedings had to be independently dealt with and same could not be held in abeyance nor could be ordered to be consigned to record room---Any alienation of property with intent to defeat the claim or to defraud the creditors was nullity in law and could not be used detrimental to the interest of the claimant in a decree passed against its executant---Judgment-debtor could not be allowed to carve out pleas in conspiracy with his second wife for the purpose of avoiding his paternal obligation of making payment of maintenance to the minors---Judgment-debtor was bound to maintain his minor children instead of fetching tactics and devices to avoid his liability---Family Court was empowered to execute the decree for the payment of maintenance---Family Court could recover the arrears through sale of the immovable property of the defaulter---Executing Court was competent to proceed with the execution proceedings when there was no injunctive order qua the proceedings of execution nor the execution of decree was under suspension from any competent Court---Impugned order passed by the Executing Court suffered from illegality and error of jurisdiction which could not be countenanced---Impugned orders were set aside and objection petitionwas dismissed---Executing Court was directed to proceed with the execution petition in accordance with law---Constitutional petition was allowed accordingly.
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