WEST PAKISTAN FAMILY COURTS ACT 1964 PDF
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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THE WEST PAKISTAN FAMILY COURTS (AMENDMENT) ACT, 1993
Defendant as well as his father whose name was mentioned in schedule of witnesses filed by defendant in his written statement, appeared in Court at time when case was called-Even if Trial Court was of the view that there was no justification for further adjournment of the case, statements of defendant and his father should have been recorded by Court-Family Court having failed to do so, judgment and decree passed by Court after closing evidence of defendant was rendered without lawful authority-High Court in exercise of Constitutional jurisdiction set aside judgment and decree of Trial Court and remanded case to be decided afresh after allowing defendant to produce his evidence.
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 if the Court deems fit it may call such witness for the purpose of examination in accordance with sub-section 3. This qualification cannot be read into the section, therefore, it is not open to go beyond the statutory provision and look for any other qualification.
THE WEST PAKISTAN FAMILY COURTS (AMENDMENT) ACT,
Plea of agreement to sell the property attached by the Family Court-No evidence was available on record to prove the genuineness and authenticity of the alleged agreement to sell the property in question-Sale-deed was allegedly executed after the attachment of property in dispute-Sale-deed, even if executed, was rightly found by all the Courts to be invalid-Leave to appeal against order of the Courts below was refused by the Supreme Court.
The Qanun-c-Shahdat,resultantly, supersedes all or any postulates in the Family Courts Act,as be found running contrary to its mandates.
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.
Decree for maintenance of minor children -Compromise between parties during execution proceedings–Subsequent execution application dismissed courte Court on ground that parties having compromised same was not competent-Judgment of Court below being erroneous same was declared to be without lawful authority and of no legal effect.
Provided that at least one Fanily Court in each District, shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the   [Government may extend]. Provided that on the transfer, of a suit it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing, directs otherwise.
Half of house belonged to father of husband who by executing document made wife ,of his son as -lawful owner but possession of which was rightly left to civil Court—Family Courts competent to determine if any property movable or immovable to nature formed part of dower or not—Binding nature of Kabin nama evinced from ratifiesion by -ejab and Kabool of husband—Determination by Family Court or appellate Court not suffering from lack of jurisdiction hence had banding effect on husband.
Maintenance claimed by wife and minor daughter. The foregoing deductions would apply only to cases where the husband does not have reserved in himself the power to revoke the severence of the martial tie. Provided that on the transfer, it shall not be necessary to commence the proceeding before the succeeding Judge de novo unless pkistan Judge, for reasons to be recorded in writing directs otherwise. The situation can logically be compared and even equated with acg co-extensiveness of the period requisite for divorce in the way of Talaq Ahsan and Talaq Hasan and that of Iddat, each, substantially, involving three lunar months and running concurrently.
Defendant against whom suit for payment of dower amount had been filed did not himself appear in Court to deny execution of document wherein dower amount had been agreed to be paid to wife-Defendant was the only person who ought to have appeared before Trial Court and denied execution of agreement in question-Denial of execution of agreement by his agent was of no consequence, for he was not one of witnesses to document ac had, thus, no knowledge of execution of the same-Provision of S.
Intimation to Arbitration Council. Orders for maintenance in terms of S. Chairman of Union Council cannot at behind decree granted by Family Court–Chairman, after dissolution of marriage by Family Court, has to proceed in accordance with provisions of S. Still, the Oanun-e-Shahadat, being a subsequent legislation could not be anticipated in the promulgation and the postulates of that statute, being later in time than the Family Courts Act,and of and overriding character, should reflect on the bar in the enactment last mentioned.
Where no evidence was recorded, it was not possible to fix an exact date of the conversation-Burden- to prove the conversation and its timing was upon the petitioner which he failed to discharge. Petitioner while taking plea of poverty and weak financial position could not escape from his lability and would not be allowed to deprive children from her legitimate right of maintenance–Held Further In case of male child on attaining age of majority, father is not responsible for his maintenance, but in case of female child, parents are still responsible for her maintenance till she is not married, because even after attaining majority, they cannot lead an independent life and are always in need of protection of their parents.
It is hereby enacted as follows: IX read with S. Evidence-Closing OfFamily Court can close evidence of a party failing to adduce evidence without sufficient cause-Act, aiming at securing expeditious disposal of matrimonial disputes, famoly not contain any provision to effect that evidence of a party shall not be closed in any case.
Provided that on the transfer of a suit, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing directs otherwise.
Family Court a pakisstan Court notwithstanding being created by a special statute and mentioned in Act as distinct from civil Court.
PLJ Lahore Dowse may be to kind or cash or an rendition of personal service—Kabin nama executed on behalf of husband and his tether though not thumb impressed by husband—Witnessed by Intern performing nikah-Held: Power of the Family Court to summon witnesses.
Judge Family Court is competent to regulate its own proceedings as West Pakistan Family Courts Act, does not make provisions for every conceivable eventuality and unforeseen circumstances. Decree for dissolution of marriage. Execution of decree- Family Court and its powers–of procedure prescribed for execution-Decree is to be executed under S. Court fee which is leviable or to be paid by petitioner is not on subject matter and claim of suit but subject matter of appeal in such suit regarding right of maintenance, rate of maintenance wext amount decreed.
Change of forum—Suit for recovery of dowry articles was filed by wife in Civil court, prior to amendment in West Pakistan Family courts Act, —After the amendment, such recovery was included in the Schedule courhs the West Pakistan Family Courts Act,and the suit was decreed by family Court in favour of wife—Judgment and decree passed by Family Aft was maintained by Appellate court as well as by High court—Plea raised by husband was that Family court had no jurisdiction over the matter as the same was filed before Civil Court—Validity—By the change of forum, nobody would have a vested right to a particular forum to try his lis—Change of forum was a procedural matter and the same operated retrospectively—Supreme court declined to interfere with the judgments and decrees passed by the courts below.
Notification dated 5th April, is as under: