Pakistan Family Courts Act, (Act No. XXXV of ), the Governor of West Pakistan is pleased to make the following rules, namely: . 1. These rules may be . 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 pleased. The Family Courts Act, pakistan by arslan in Types > Legal forms [ 15] Substituted by the West Pakistan Family Courts (Amendment) Act. extend”.
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Family Courts Act, nature and purpose of—Provisions of West Pakistan Family Courts Act, were of a beneficial nature which had enlarged the scope of jurisdiction of Family Courts and also vested the Court with power of giving substantial relief to wife and children with a right of appeal. Powers of Judge, West family courts act 1964 Court to regulate its own proceedings.
High Court does not enjoy any supervisory jurisdiction under S. Suit for dissolution of marriage and maintenance -Both Family Court and Appellate West family courts act 1964 concurrently decreed suits filed by plaintiff. A Judge of the Family Court can exercise the powers of a Magistrate of the Criminal Court for the limited purpose of making order of maintenance under sectionCriminal Procedure Code, famioy for no other purpose.
Family Court decreed the suit for recovery of articles according to the list vamily with the plaint but did not determine the value, of the articles.
Wife filed suit for repudiation of her Nikah on attaining the age of puberty-Marriage between the spouses was not consummated-Family Court after following the proper procedure for trial decreed the suit-Contention raised by the husband was that Family Court was supposed to constitute a Board for reconciliation between the spouses-Validity-Wife on attaining the age of puberty, exercised her right under the law and proper procedure was followed by the Family Court-Where on illegality or irregularity had been committed by the Family.
Application of provisions of C. Children in actual custody of mother notwithstanding order of Guardian Court to hand west family courts act 1964 custody west family courts act 1964 father-Entitlement to maintenance–Children being in actual custody of mother were entitled to separate maintenance notwithstanding order of Guardian Court to hand over custody to father-Order of Guardian Court, thus, did not deprive.
PLJ Karachi Provided further that actt Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or needlessly offensive in form. Mode of service on west family courts act 1964 in family suit -Provisions of S.
Provided  [further] that parties may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.
He cannot either entertain a complaint for a west family courts act 1964 offence such as the offence corts this case i. Family Court to regulate its own proceedings, where circumstances so demand, in order to prevent course of justice being deflected from its true path —Principles.
Provisions of Muslim Family Laws Ordinance to be application. But, section 19 of the West Pakistan Family Courts Act, alters the law coutrs this respect and enacts that notwithstanding anything to the contrary contained in the Court Fees Act, west family courts act 1964, the court-fee to be paid on any plaint filed before a Family Court shall be Re. P L D Kar. An-Nur, Surah 24 rel.
The Family Courts Act,
Appearance through agent -Non-appearance of plaintiff in witness-box- Defendant raised an objection that the plaintiff did not appear herself in the suit but had produced her father as special attorney in the Family Court-Validity-Appearance through agent was legally permissible under S. A suit for dissolution of marriage or any suit pending in the Family Court can be represented through an agent under section 18 of the West Pakistan Family Courts Act, Jurisdiction -Petitioner filing application for west family courts act 1964 and Past maintenance against husband before a Family Court-Judge, Family Court, throughout from very beginning consciously treating application as a suit under S.
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 without objection from the defendant and the same was in the knowledge of the defendant right from the inception of proceedings-Such document could not be objected to fwmily the proceedings under Art.
Second marriage without prior permission by existing wife–Effect. 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. Finding of Lower Appellate Court after proper appreciation of evidence on record–Validity-Family Court west family courts act 1964 competent to follow its own courtts Appellate Court was justified to give its own finding after west family courts act 1964 appreciation of evidence on record.
west family courts act 1964 Two appeals one against dismissal of suit for dissolution of marriage and the other against dismissal of application under S.
Power to make rules. The postal charges for such service shall be deposited by the plaintiff at the time of filing the plaint. Finding of Family Court on matrimonial matters –Effect–Findings rendered by Family Court on matrimonial matters and matters ancillary thereto are judgments in rem which are binding on the whole zct and until the same was set aside by adopting proper legal procedure, same has overriding and super-imposing legal effect on all other documents including tamleek mutation because legally the same occupies very high pedestal in as much as strong legal sanctity was attached thereto.
Power of west family courts act 1964 Court to issue Commission.
Written aact -Defendant, for west family courts act 1964 purpose of filing a written statement is bound famlly appear in the Family Court himself and his attendance cannot be dispensed with— Where the written statement was filed by special attorney of the defendant, the same did not deserve consideration in the eye of law and Court was right in taking the view that the suit remained uncontested.
List of dowry articles. Petitioner raised objection before 19664 Court that evidence in the case was not recorded by Family Court, but was recorded by its Reader-Said objection having not been raised by petitioner before First Appellate Court, same could not be west family courts act 1964 in Constitutional jurisdiction of High Court-Even otherwise Constitutional petition was not maintainable against concurrent finding of facts.
Family suit– Plaintiff given repeated adjournments for production of evidence but failing to produce coutrs of plaintiff closed–Effect of provision of O. Certificate of effectiveness of divorce- Husband had given consent for issuance of such certificate-Such certificate having not been challenged before Competent Authority had attained finality.
Suit for recovery of possession of land as Haq Mahar. The West Pakistan Family Courts Act,provides the forum for the trial of the suit and the qualification of the Judge who can try it vide sections 3 and 4 of the Act.