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 minor –Suit for custody of minor must be instituted in Court of District Judge who can transfer case to an Additional District Judge or Civil Judge having jurisdiction under r. Dissolution of marriage on ground of option of puberty –Decree on ground of khula-Validity of–Challenge to–Contention that Family Court was not justified to grant courrts on ground of khula, because Respondent No.
Pak Law: Family Courts’ Act,
The cost of summons shall be assessed and paid as for summons issued under the Code of Civil Procedure, Family Court granted past and future maintenance to cojrts minor, which judgment was upheld by Appellate Court with modification in current maintenance-Contention of petitioner father was that maintenance had been granted beyond his capacity-Validity-Evidence had been duly assessed and no miscarriage of justice had occurred-Petitioner claimed his entire source of income to be Rs.
Requirement of sending to Chairman a certified copy. Appeal, maintainability of- Suit filed by plaintiff for maintenance for herself as well as for her minor daughter was decreed by Trial Court and Appellate Court, in appeal, partly accepted appeal and maintenance allowance granted to plaintiff was set adt whereas maintenance granted pakisatn minor daughter was maintained-Validity-No appeal under S.
Order of attachment and auction of property by the Family Court-Contention yeas that Executing Court had not satisfied famiyl requirements of O. No doubt Respondent No. Suit for recovery of dowery articles. Provided that the parties or their Council may further examine, cross-examine or re-examine the witness: Validity-Judgment passed by the Family Court was returned on the pakista of evidence after correct appraisal and the finding was not based on any adverse presumption against the defendant for his unwillingness to decide the matter in issue on special oath under Art.
Revision before High Court against order granting custody of children by Guardian Judge–Competency of–Guardian judge granting custody of children–Order impugned–Plea that no revision lay against order of Additional District Judge to High Court in such proceedings, repelled on strength of a decision of Lahore Xct Court which had been disapproved by Supreme Court–Submission prima facie being correct, leave to appeal granted.
Therefore, nothing will turn on the delay in sending the certified copy, for under subsection 3 of section 7 of the Ordinance, it is in fact the date on which the copy is received by the Chairman that will be material in computing the period of 90 days.
Suit for dissolution of marriage decreed in lieu of payment as a zar-e-khula–Invoking of constitutional jurisdiction–Challenge to–Validity of–When the respondent paid her to the petitioner Haq-e-Mehr–Petitioner had not joined to the respondent after obtaining a decree–Earlier decree was passed while the suit was filed on Orders for maintenance in terms of S.
Family Court – Powers of -In absence of any express provision, the Family Court can dismiss a suit for non prosecution, restore same, pass an order for ex parte proceedings and recall it, allow amendment of pleadings, take additional evidence, appoint a Commission for site inspection etc.
Constitutional petition was dismissed in limine. Writ jurisdiction –Object of Family Courts. Retrospectively – Section 5, except to extent indicated in S. Contempt of Family Courts. Dispute Relating to Gold. He cannot either entertain a complaint for a criminal offence such as the offence in this case i.
Past maintenance -Courts below granting maintenance to minor children with effect from specified date i. The plaints to suits before the Family Courts are in no way different from the plaints under the Code of Civil Procedure.
Contention that no effort was made by Family Court to bring about reconciliation or compromise at stage of pre-trial and after closing of evidence of parties No such plea was urged before Family Court and even otherwise record showed that efforts were made by Trial Court to bring about compromise settlement-Contention repelled.
IX read with S. No misreading or non-reading of evidence by the High Court was found-High Court in its Constitutional jurisdiction rightly exercised its powers, wherein. Courts below granting maintenance to minor children with effect from specified date i.
THE WEST PAKISTAN FAMILY COURTS (AMENDMENT) ACT, 1993
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 cojrts maintenance decree by Family Court was dismissed in circumstances.
P L D Quetta PLJ Lahore Setting aside an ex parte decree–Limitation –Conflict between provisions of Family Courts Act and the Family Courts Rules–Effect-Reasonable time for making an courtx for setting aside an ex parte decree has been prescribed under S. Cruelty as ground for dissolution of marriage. Furthermore, even in cases where the decretal amount was directed to be recovered pakistqn arrears of land revenue, the execution petition had to be filed before the Family Court, which might forward the warrants to the Collector for recovering the money as arrears of land revenue.
Description by wife, plea of –Such plea being a pure question of fact could not be enquired into by High Court in Constitutional jurisdiction.
Whereas the former provides for the establishment of Family Courts the latter, gives qualifications of a Judge, namely that he is or has pakidtan a District Judge, an Additional District Judge or a Civil Judge.
Shall be only 15 Rupees.
New plea -Petitioner raised a plea which was not raised before the Appellate Court-Effect-Ground not agitated before the Appellate Court could not be raised in the Constitutional petition. The Act creates a Special Court for decision of matters mentioned therein.
Familh in court-fee -Suit for recovery of dowery articles by wife having been decreed, husband filed appeal against same which was dismissed on the ground that he had failed to make up deficiency in court-fee as per direction of the Appellate Court-Contention of husband was that suit for recovery of dowery being included in Sched. But, section 19 of the West Pakistan Family Courts Act, alters the law in this respect and enacts that notwithstanding anything to the contrary contained in the Court Fees Act,the court-fee to be paid on any plaint filed before a Family Court shall be Re.
Intimation to Arbitration Council. Besides, while a good deal of solemnity would attach to these efforts, the same have yet been found to be directory rather than mandatory. In law, the Qanun-e-Shahadat and the Evidence Act is independent and distinct statutes and exclusion or ouster of one could not be equated with that of the other: Act II of Lady accused being sui juris had contracted marriage with co-accused with her freewill and consent arid in said wedlock a daughter had been born.
Provided that where a case is not disposed of within six months either party shall have a right to make an application to the High Court for necessary direction as the High Court may deem fit.
Family Court had already passed decree in favour of the accused lady in a suit filed for jactitation of marriage against another person who had claimed Nikah with ramily before her Nikah with the co-accused.
Ghulam Farid Khan v. Wet XIV of Amount of past and future maintenance as fixed by Family Court was modified by Appellate Court below keeping in view financial position of the husband-Quantum of maintenance as fixed by Appellate Court, keeping in view financial and other circumstances of the petitioner being fair, proper, just and reasonable, and based on evidence on record, could not be interfered with by High Court in its Constitutional jurisdiction.