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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Investment of powers of Magistrates on Judges.
The Punjab/Sindh/N.W.F.P./Balochistan Family Courts’ Act, (West Pakistan Act No. XXXV of )
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 dowry 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 west family courts act 1964 Art.
Can I get a copy? Evidence of close family members-Effect -Evidence of close family members in a family suit was best guide as to how spouses were pulling on and was very relevant. A Family Court shall conduct hearing of the suits as expeditiously as possible and shall west family courts act 1964 adjourn hearing for a period exceeding seven days and shall dispose off the suit within a period of days from the date fixed by the court for the appearance of the Defendant.
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 west family courts act 1964 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.
Issuance of Certificate of Divorce. In view of section 2 of Ordinance X ofno court-fee was payable on the memorandum of appeal filed by the petitioner and the appeal could not be dismissed for failure to make up the deficiency in court-fee.
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.
Version of wife-Need west family courts act 1964 due consideration by Court-Scope. This provides sufficient scope for the proposition that if a matter has been entertained clurts another forum, on the coming into force of the Act if that matter has gone to the exclusive jurisdiction of a forum created by the Act, it shall be heard and adjudicated by the new forum. Order of attachment and auction of property by the Family Court-Contention yeas that Executing Court had not satisfied the requirements of O.
Right of Appeal —Bar or abridgement of right of west family courts act 1964 as contained in S. While room for west family courts act 1964 was left open in the foregoing provisions, manifestly, fammily express.
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 her before her Nikah with the co-accused. Revisional jurisdiction in guardianship cases–Competency of –All provisions of procedure given in Guardians and Wards Act would apply to cases of guardianship matters before a Family Court–Revisional jurisdiction in such matters could competently be invoked.
Intimation to Arbitration Council.
Nikah of sui juris Lady. Appeal filed with deficit court-fee -Appellant having failed to make good deficiency in court-fee even on extended date appeal was rightly dismissed on that ground. The provisions of the Family Courts Act make it clear that the intention of law is to set up Courts and entrust matters to them in their capacity as Courts and not as a persona designata.
P L D Kar. Suit for restitution of conjugal rights. Power of the West family courts act 1964 to issue Commission.
Recovery of maintenance -Failure to avail alternate remedy-Unclean hands of the petitioner-Effect-Maintenance suit filed by west family courts act 1964 was decreed by Family Court and appeal filed by husband was dismissed by the Appellate Court-Husband only assailed execution proceedings pending in Executing Court and the judgment and decree passed by the Trial Court as well as the Appellate Court were not assailed-Validity-Conduct of the husband showed that he had not come before High Court with clean hands and he had not exercised all the remedies available to him before approaching the High Court under Constitutional jurisdiction-Petition wwest dismissed in limine.
Authority and could get the same corrected.
List of dowry articles. It is hereby enacted as follows: Territorial jurisdiction of Court -Minor whose custody was sought by father from mother of minor resided in territorial jurisdiction of Family Court before which application for custody west family courts act 1964 minor was transferred-Mother who was having custody of minor also resided in territorial jurisdiction of said Family Court and refusal to hand over custody of minor also took place within territorial jurisdiction of that Family Court wherein application for custody of minor was pending-Application of mother of minor with regard to objection of territorial jurisdiction of West family courts act 1964 Court, was rightly dismissed.
Ex parte decree by a Family Court–Provisions of O. Family Court to regulate its own proceedings. Requirement of sending to Chairman a certified copy.
Maintainability of petition-Dismissal of family west family courts act 1964 for non-prosecution was neither decision nor decree, therefore, same was not appeal able -Remedy of plaintiff was to file fresh suit, which was not barred under any provision of West Pakistan Family Courts Act, Such efficacious arid adequate remedy being available to plaintiff, Constitutional petition was not competent and not maintainable in circumstances.
Time limit Fixed by amendment in this section when Added Sub. Territorial jurisdiction of Family Court was governed by S. High court west family courts act 1964 that Family Suits in Trial Court be dealt with by senior and more experienced Judges as compared to second and third class Civil Judges.
Sabbar Idrees and others v. Provisions of Muslim Family Laws West family courts act 1964, not affected. National Library of Australia. PLJ Lahore 6. The legislative competence, as well, is thus weest of the way. 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.
Suit for recovery of dowery articles. Object –Family Court would act as arbitrator in exercising judicial powers to organize compromise dourts a view to courtss matrimonial life from further deterioration. 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.
west family courts act 1964 Constitutional petition -Two appeals one against dismissal of suit for dissolution of marriage and the other against dismissal of application under S. Principle of res judicata–Applicability. List of dowry articles: Suit for dissolution of marriage or any suit courta in the Family Court can be represented through an agent – Provisions of S.
Dissolution of marriage -Petitioner husband contended that since decree dissolving marriage had not yet become absolute, therefore, west family courts act 1964 of respondent wife might create chances for a compromise west family courts act 1964 into saving of marriage bond-Attempt was made for conciliation between the parties twice as enjoined by Ss.
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.
Reconciliation proceedings — -Failure to record details of dialogue between the parties-Mention of the fact that post-trial and pre-trial reconciliation proceedings failed was enough and it was not necessary for Family Court to record details of dialogue and harsh words used by the parties during proceedings-Failure of such trials would indicate that all possible efforts to bring about reconciliation and to persuade the parties to live as spouses within the limits of Allah, culminated in failure.