How can I execute my judgement/ decree against X for the recovery of maintenance in family courts where X has not made a single payment and has no other source of income except salary?

The Family Court Act of 1964 Section 13(3) deals with the Enforcement of decrees, whereas Section 17 of the same act disallows the use of the Civil Procedure Code. But it is now a well-established law that:

“The Family Court may follow the procedure as contained in The Code of Civil Procedure (V of 1908) for the execution of the decree. Order XXI Rule 30 of The Code of Civil Procedure (V of 1908) provides a mechanism for the execution of a decree for specific moveable property and the Family Court can adopt the procedure provided in The Civil Procedure Code (V of 1908) for the execution of its decree irrespective of the provision contained in Section 13 of The Family Courts Act, 1964.” Reference  “Muhammad Ramzan v. Ali Hamza and others” (Writ Petition No.15699 of 2014, LAHORE HIGH COURT).

The family court has the authority to carry out its order using the procedure outlined in the civil procedure code, including attaching X’s salary.

Disclaimer: The above information is intended to be general in nature and should not be taken as legal advice. If you need legal advice, consult a licensed lawyer.

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