11 Nov In exercise of the powers conferred by S. 3 of W. P. Family Courts’ Act, , the Governor of West Pakistan is pleased to establish a Family. In exercise of the powers conferred by section 26 of the West. Pakistan Family Courts Act, (Act No. XXXV of ), the Governor of West Pakistan is. 28 Jun Nature and purpose of—Provisions of West Pakistan Family Courts Act, were of a beneficial nature which had enlarged the scope of.
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Custody of children and the visitation rights of parents to cpurts them. Mode of service on defendant in family suit -Provisions of S. Provided further that the parties may, with the permission of the Courts, call any witness and at any later stage, if the Court considers such evidence in the interest of justice.
Each matter is to be initiated by means of a suit which is to start by means of a plaint. The postal charges for such service shall be deposited by the plaintiff at the time of filing the plaint. PLJ SC 1. Should a judge should b a Muslim only? Aversion and hatred -Proof of- Evidence recorded on oath was sufficient to display aversion and hatred against husband which was a pre-eminent consideration in the matter of divorce by Khula.
Personal property and belongings of a wife.
Second marriage without prior permission by existing wife –Effect–Held: Constitutional petition-Maintainability-Alternate remedy- Impugned judgment and decree of Family Court not challenged in appeal under S. Where a matter or situation is not governed by express provision of the law or the rules framed thereunder, the Family Court is free to evolve its own procedure and pass any suitable order for expeditious and just decision of the case.
P L D Quetta 1. The cost of summons shall be assessed and paid as for summons issued under the Code of Civil Procedure, Decree for maintenance –Family Court had jurisdiction to execute such decree-Objection that such decree could only be executed as arrears of land revenue by Collector was not proper or legal-Constitutional petition against execution of maintenance decree by Family Court was dismissed in circumstances.
Plea of disobedience of wife. An Act to make provision for the establishment of Family Courts. Misconstruction and mis-interpretation of dower deed by Appellate Court.
Settlement of matrimonial affairs between spouses -Procedure in family suits is made more easier by deviation from procedure of Civil Procedure Code, Family Court while staying execution of decree directed petitioner to deposit Rs.
Failure to file audio cassette alongwith gist of evidence that each witness was expected to give-No witness was produced by the husband to prove the contents of the audio cassette. Provided that where an appeal lies against the dissolution of marriage, such appeal shall be disposed of within four months.
Only if the Court so directs. Evidence of special attorney on behalf of plaintiff: Provided further that the parties may, with the permission of the Courts, call any witness and at any later stage, if the Court considers such evidence in paikstan interest of justice. Provided that if the Court deems fit it may call such witness for the purpose of examination in accordance with sub-section 3.
Petitioner raised a plea which was not raised before the Appellate Court-Effect-Ground not agitated before the Appellate Court cat not be raised in the Constitutional petition. Restitution of conjugal rights. By making the said couurts inapplicable to the proceedings before the Family Court the law maker intended to give greater freedom to Family Courts and release them from the cobweb of procedural technicalities embodied in Qanun-e-Shahadat, and C. Parties residing at Islamabad and cause of action having also accrued there, Senior Civil Judge, Isalamabad did have jurisdiction to entertain and try suit–Petition converted into appeal and appeal accepted.
Suit for return of dowery articles -District Judge had refused to allow return of the other articles which in the light of evidence on record stood admittedly given by way of dowery in the absence of any rebuttal or evidence that the goods mentioned in the list were not given as such-District Judge, thus failed to read evidence on record and this was a case of gross misreading of record-Judgment and decree of the District, Judge were held to be without lawful authority by the High Court in its Constitutional jurisdiction under Art.
Dower may not be Forfeited in Khulla: Constitutional petition was dismissed in limine. It is an error to hold that the Judge should be a person professing Islam; though without doubt be occupies the position akin to that of a Qazi since he could effect a divorce on any ground, on which it could be granted under the Muslim Law.
Act II of Contention that past maintenance allowance cannot be claimed by respondents children and at the most maintenance allowance may be awarded from date of suit and not from date of alleged non-payment of allowance to children–According to S. Dissolution of marriage –Respondent contracted second marriage, ppakistan issuance of stay order–Exercise of constitutional jurisdiction, held, would not serve any useful purpose–Earlier stay order was withdrawn in circumstances.
Suit for recovery of dower gold ornaments — Suit decreed by Family Court and upheld by Appellate Court—Validity—Appellate Court had appraised evidence in accordance with law—No irregularity or jurisdictional defect had been pointed out in impugned judgment—Husband was reluctant to discharge his liability by way of returning fourteen Tolas gold ornaments—Such conduct of husband was not appreciable—High Court refused to accept courtd of husband and dismissed Constitutional petition.
Sabbar Courfs and others v.
Custody of minor –Suit for custody of minor must be instituted in Weet of District Judge who can transfer case to an Additional District Judge or Civil Judge having jurisdiction under r.
There is no bar for a lady to be represented through general attorney unless and until her presence is required and directed by the Family Court.
Chairman of Union Council cannot go behind decree granted by Family Court–Chairman, after dissolution of marriage by Family Court, has to proceed in accordance with provisions of S. The direction to the statute is to establish Courts and then there are laid down the qualifications of the officers who can man this Court. Suit for maintenance -Leave to appeal afmily granted by Supreme Court to examine in detail the relevant law as to whether first wife could refuse to live with her husband courfs perform marital obligations on account of second marriage of her husband.
Stay of proceedings by the High Court and District Courts. Document exhibited without objection —List of articles was annexed with the plaint and it was in the notice of the defendant right from the inception which was not only the wet of the suit but was mentioned in the plaint and the same was exhibited by the Family Court without any objection from the defendant—Suit was decreed by the Family Court in favour fa,ily the plaintiff as per the list and the judgment and decree was maintained by the Appellate Court—Contention of the defendant was that the list of the articles was not proved hence the judgments and decrees passed by the Courts below were liable to be set aside—Validity—List was exhibited actt objection from the defendant and the same was in the knowledge of the defendant right from the inception westt proceedings—Such document could not be objected to in the proceedings under Art.
IX read with S. Statement of compromise was not denied by appellant which had also been signed by his counsel-Such statement was accepted by respondent and judgment and decree was passed accordingly-Law does not require that even for a compromise statement ,should be made by a party on oath–Judgment and decree of the Court which otherwise was possessed of jurisdiction to pass such a judgment and decree could not result in nullifying such proceedings merely because statement was not made on oath.
Execution of decree— Revision petition against order of dismissal of appeal filed before Appellate court against order of transferee Executing Court—Maintainability—Special provisions of west Pakistan Family Courts Act, excluded the general provisions of Civil Procedure Code, —High Court dismissed revision petition as being not maintainable.
Act expeditious settlement of disputes relating to marriage and family affairs and connected matters-Orders of Family Court, not. PLD Karachi rel. If subsection 3 and subsection 4 are read together, the inevitable conclusion is that all decrees passed by the Family Court are to be executed by it or by such other Civil Court as the District Judge may be special or general order direct.
Constitutional petition -Maintainability -Suit for maintenance was decreed against petitioner and appeal filed before lower Appellate Court was disposed of in terms of compromise between the parties-Petitioner father while assailing order of lower Appellate Court before High Court in Constitutional petition, demanded custody of children-Validity-Contest between the parties throughout had been with regard to quantum of maintenance and not the custody-Matter of custody could not be, therefore, agitated in proceedings which emanated from suit for maintenance- -Constitutional petition was not maintainable in circumstances.