NLR 2008 SD 173

Muhammad Ismail V/S Superintendent District Jail (Lahore)

S.491 CrPC. Detention of detenu for non-compliance with maintenance decree passed by Family Court under Family Courts Act, 1964, cannot be challenged through habeas corpus petition U/S 491 as special procedure is provided in the Act for recovery of decretal amount pursuant to decrees passed by Family Courts which includes adopting coercive measures in case judgment-debtor is found evading in complying with decrees for payment passed by Family Court. (2) S.13(3) Execution of maintenance decree passed by Family Court is governed by S.13(3) to the exclusion of S.51 CPC. Detention of judgment debtor for non-compliance with maintenance decree passed by Family Court cannot be challenged on the ground that requisites for arrest under S.51 CPC were not satisfied. HABEAS CORPUS DISMISSED.