LAW AS TO INSTALLMENTS IN
FAMILY MATTERS AND C.P.C.
By:
MUHAMMAD IKRAM LLM (AUTHORITY)
Visiting Faculty Member
College of Law (GCUF)
149-District Courts, Faisalabad.
Every
Law whether Local, Special or General including Banking Laws provide its own
procedure of payment of Decretal amount by
installments with or without interest. Payment by installments is a process
through which the Competent Authority may in its discretion allow payment in
parts or installments. This beneficial procedure makes the process of recovery
easy.
Under
the Family Court Act 1964, Section-13(5) provides the Procedure to be adopted
while dealing with a Family matter with reference to installments and number of
installments. The words as
it deems fit enhances the
power of the Court.
The
preposition in hand as to installments under Family Laws without bringing on
this research paper the relevant Law governing the subject may not remain as
easy to understand as it may become easy if the relevant provision is brought
to notice.
Section-13(5)
Endorsement
of Decrees
1.
The
Family Court shall pass a decree in such form and in such manner as may be
prescribed, and shall enter its particulars in the prescribed register.
2.
If
any money is paid, or any property is delivered in the presence of any Family
Court, in satisfaction of the decree, it shall enter the fact of payment [or]
the delivery of property, as the case may be, in the aforesaid register.
3.
Where
a decree relates to the payment of money and the decretal
amount is not paid within the time specified by the Court, [not exceeding
thirty days] the same shall, if the Court so directs, be recover as arrears of
land-revenue, and on recovery shall be paid to the decree-holder.
4.
The
decree shall be executed by the Court, passing it or by such other Civil Courts
as the District Judge may, by special and general order, direct.
5.
A
Family Court may, if it so deems fit, direct that any money to be paid under a
decree passed by it be paid in such installments as it deems fit.
The
power of the Family Court under Section-13(5) is wide enough to allow payment
by installments. The fixation, re-fixation increase or reduction in the amount
payable as arrears of maintenance is the sole discretion of the Court. It may
be decreeing Court or executing Court. The matter may well be understood in a
convenient way if the difference of Endorsement of decrees under Section-13(5)
Family Court Act, 1964, and Execution under order 21 of C.P.C. The Statutory
difference as to installments under both these enactments also becomes
sufficiently clear if order 20 Rule 11 of C.P.C is read in juxta
position with Section-13(5) of Family Court Act, 1964.
Execution of
orders under The
Section-31
Execution of Orders
A
Rent Tribunal shall execute an order passed under this Act by a Rent Tribunal or a District Judge or an Additional
District Judge as a decree of a
All
Laws on which C.P.C is applicable or made applicable either expressly or
impliedly under order 20 rule 11 (Judgment and Decree)
Order
20 Rule11 provides the procedure dealing with the subject of installments
regarding all Laws on which C.P.C is applicable which is reproduced below
Rule-11. Decree may direct payment by installments--(1) Where
and in so far as a decree is for the payment of money, the Court may for any
sufficient reasons at the time of passing the decree order that payment of the
amount decreed shall be postponed or shall be made by installments, with or
without interest, notwithstanding anything contained in the contract under
which the money is payable.
Order,
after decree, for payment by installments--(2) After the passing of any such
decree the Court may, on the application of the judgment-debtor and with the
consent of the decree-holder, order that payment of the amount decreed shall be
postponed or shall be made by installments on such terms as to payment of
interest, the attachment of the property of the judgment-debtor, or the taking
of security from him, or otherwise, as it thinks fit.
Rule-11
operates and covers two different situations Rule-11(1) deals with those
situations in which payment of amount by installments has been provided in the
decree itself. Whereas Rule-11(2) creates a facility of
seeking order from the Court on the application of judgment-debtor by the
consent of the decree holder.
Simultaneous Execution Order 21 Rule 21
The
Court may, in its discretion, refuse
execution at the same time against the person and property of the
judgment-debtor.
The
deeper study of the above noted provision of C.P.C makes a room with reference
to exercise of power by the Civil Court to create more chances to ensure
liberty of a Citizen as guaranteed by the Constitution in such like situations.
Conclusion:
The
study with full application of mind of both cited provisions of Family law and
C.P.C makes a distinction as to the power of the
Court while
dealing with exercise of power as to payment of decretal
amount by installments. The words as used in Section-13(5) of Family Court Act,
1964, to the effect as it deems fit
also enhances the power of the Court to make the matter more adjustable by
increasing the number of installments and allowing interest on Bank rate to
make it a more beneficial provision. Point to be noted is that in a money
decree under Family Law does not require the consent of Decree Holder at
the time of making installments whereas the consent of Decree Holder is
necessary in all those Laws on which C.P.C (1908) is applicable or made
applicable. No other interpretation is possible so far as question of scope and
its application is concerned. Switch
over of one Law or provision of Law to another may not be approved by
Superior Judiciary. The women Lawyers should be helpful to the husband Lawyers
in the best interest of both the parties keeping in view the paying capacity
according to the situation.