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”.

Author: Mauzahn Araramar
Country: Bulgaria
Language: English (Spanish)
Genre: Personal Growth
Published (Last): 2 April 2004
Pages: 95
PDF File Size: 6.42 Mb
ePub File Size: 6.78 Mb
ISBN: 876-7-38737-952-9
Downloads: 50956
Price: Free* [*Free Regsitration Required]
Uploader: Faeshura

It is, however, manifest that the West Pakistan Family Courts Act,in section in 11 thereof, lays down its own procedure for recording of evidence and in its section 17, except when expressly west family courts act 1964 in such Act, categorically excludes the applicability of the Evidence Act, and the Code of Civil Procedure, Expeditious settlement and disposal of family couurts of Family Ciurts Act, is to minimize technicalities and procedural bottlenecks for purpose of speedy justice between parties in shortest possible fmaily and in shortest possible manner.

Provided that the proviso to sub-section 4 of Section 10 west family courts act 1964 apply where the decree for dissolution of marriage is to be passed on the ground of khula.

Version of wife-Need for due consideration by Court-Scope. Dissolution of marriage on ground of option of puberty.

The Family Courts Act,

Provided that the parties or their counsel may further examine, cross-examine or re-examine the witnesses:. The efforts towards conciliation have always been held to be persuasive and not compulsive.

Plea of agreement west family courts act 1964 sell the property attached by the Family West family courts act 1964 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.

Order a copy Copyright or permission restrictions may apply. Supreme Court dismissed the appeal of husband while making it clear that suit tiled by wife for recovery of dowry amount would be decided on its own merits. Misconstruction and mis-interpretation of dower deed by Appellate Court –Findings recorded in dower deed were apparently self clashing and were devoid of legal merits–Dower deed in question, stipulate three kinds of dowers firstly Rs.

Mirza Daood Baig v. The postal charges for such service shall be deposited by the plaintiff at the time of filing the plaint. Act expeditious west family courts act 1964 of disputes relating to marriage and family affairs and connected matters-Orders of Family Court, not. Cruelty as ground for dissolution of marriage. Document exhibited without objection.

The Punjab/Sindh/N.W.F.P./Balochistan Family Courts’ Act, (West Pakistan Act No. XXXV of )

Each matter is to be initiated by means of a suit which is to start by means of a plaint. P L D Quetta The language used in section 20 is also in line with the proposition that the West family courts act 1964 intended the application of section 5 to be retrospective, except west family courts act 1964 the extent indicated in subsections 4 and 5 of section 1 of the Act. Constitutional jurisdiction of High Court -Interference in finding of fact–Family Court decided the issue of divorce against the husband but High Court in exercise of Constitutional jurisdiction reversed the finding of fact–Contention of west family courts act 1964 wife was coourts findings of fact were intervened by High Court in its Constitutional jurisdiction very rarely unless it was established that the Trial Court had recorded the perverse findings and had drawn conclusion which was contrary to law.

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.

Camily from Family Court as to dissolution of marriage–Duty of Chairman elaborated.

Family Court to exercise the powers of the Judicial Magistrate. Concurrent findings of fact -Effect. Suit for dissolution of marriage on ground of Khula-Family Court decreed the suit. Non-registration of West family courts act 1964 —Nikah was alleged to be solemnized in a big town, yet it was not wezt as per S. Contempt of Family Courts.

Section 5 in it by Senate Bill No.

It is thus obvious that the Family Court is a Court and matter falling within its jurisdiction is entrusted to it in its capacity as a Court and not as a persona designata. Suit for recovery of dower gold ornaments —. Family Court to regulate its own proceedings, where circumstances so demand, in order to west family courts act 1964 course of justice being deflected from its true path. Object –Family Court would act as arbitrator in exercising judicial powers to organize compromise with a view to save matrimonial life from further deterioration.

It will be then that the mode prescribed by Chapter IX of the Adt Pakistan West family courts act 1964 Revenue Act, shall be adopted for the purpose of realization of the decretal amount.

P L D SC Object, purpose, scope and import of S. Constitution of Board for reconciliation. 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.

Order of attachment and auction of property by the Family Court-Contention yeas that Executing Court had not satisfied the requirements of O. PLJ SC west family courts act 1964. Decree for dissolution of marriage: Value of dowry articles: Family Court a civil Court notwithstanding being created by a special statute and mentioned in Act as distinct from civil Court. High Court in exercise of Constitutional jurisdiction had upheld judgment of Lower Appellate Court and dismissed Constitutional petition–Validity–Maintenance fixed by Courts below was proper and same was within exclusive jurisdiction of Family Court and Lower Appellate Court–Petitioner could west family courts act 1964 challenged findings of Courts below in limited Constitutional jurisdiction of High Court only if he had succeeded in proving that findings of two Courts below were not based on any evidence or were based on total misreading of evidence–High Court had rightly dismissed Constitutional petition–Leave refused- PLJ West family courts act 1964 Decree passed in and upheld by appellate Court–Respondent field suit west family courts act 1964 maintenance for her son, 4 daughters as well as for herself for iddat period Rs.

Provided that the parties or their counsel may further examine, cross-examine or re-examine the witnesses:. Dissolution of marriage [71] [including Khula ]. The Oanun-e-Shahadat, remaining unaffected by the bar in section 17 of the Family Courts Act,any provision in the Act ofwhich directly comes in conflict with anything enjoined in the Oanun-e-Shahadat would make way, at least to the extent of inconsistency.

Custody of children [72] [and the visitation rights of parents to meet them]. 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 west family courts act 1964 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.

Dowry articlesshifting of onus, wife filed suit for recovery of dowry articles which was decreed in her favour by family court judgment and decree passed by family court was set aside by lower appellate court on the ground that plaintiff failed to prove dowry articles validity father of plaintiff appeared as supporting witness and stated that at the time of her marriage he had given his daughter dowry articles worth more than Rs.

BookOnline – Google Books.

Family Court is a Court for the purposes of S. Re-summoning of witness -Where petitioner was present at the time of recording of evidence and opportunity to cross-examine wits given to petitioner re-summoning of witness for cross-examination could not be ordered. Right of Appeal west family courts act 1964 or abridgement of right of appeal as contained in S.

Bar on the issue of injunctions by Family Court. While room for reconciliation was left open in the foregoing provisions, manifestly, the express.