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”.
|Country:||Republic of Macedonia|
|Published (Last):||25 August 2017|
|PDF File Size:||1.61 Mb|
|ePub File Size:||9.35 Mb|
|Price:||Free* [*Free Regsitration Required]|
Decree from Family Court as to dissolution of marriage–Duty of Chairman elaborated. Should a judge should b a Muslim only? Dissolution of marriage -Petitioner husband contended that since decree dissolving marriage had not yet become absolute, therefore, summoning of respondent wife might create chances for a compromise resulting into saving of marriage bond-Attempt was made for conciliation between the parties twice as enjoined by Ss.
Power of Family Court to summon witnesses. Provided that where an appeal lies against the dissolution west family courts act 1964 marriage, such appeal shall be disposed of within four months. Object- Provisions of C. Provided that if the Court deems fit it may call such witness for the purpose of examination in accordance with sub-section 3. Application of provisions of C. List of dowry articles. Finding of Lower Appellate Court after west family courts act 1964 appreciation of evidence on record–Validity-Family Court was competent to follow its own procedure-Lower Appellate Court was justified to give its own finding after proper appreciation of evidence on record.
A Family Court is thus, from all points of views, a Court subordinate to the High Court within west family courts act 1964 meaning of Article of the Constitution. P L D Quetta A plain reading of-provisions of section 13, West Pakistan Family Courts Act, 1, 64, will firstly indicate that execution of a decree, in general, is to be done by either the Family Courts itself or by such other Civil Court as the District Judge may direct by special or general order.
Suit for maintenance-Appeal-Court fee payable –Plaintiff in her suit claimed maintenance at the rate of Rs. Framing of additional issue -Powers of Family Court-Grievance of the petitioner was that the Family court declined to frame additional issue as desired by him-Validity-Unlike Civil Procedure Code,the Family Court was restrained to formulate issues at later stage as the same was violative of S.
Suit for recovery of dowery articles. Plaint in suit for maintenance west family courts act 1964 payable on such plaint, and on memorandum of appeal–Effect of S. P L D Lah. 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.
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,west family courts act 1964 of and overriding character, should reflect on the bar in the enactment last mentioned. 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 west family courts act 1964 and children with a right of appeal.
courrs The decree was not sent within 7 days as required by subsection 2 of section 21 of the Family Courts Act. 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.
Suit for return of marriage gifts. P L D Kar. Husband was living abroad-Suit for dissolution of marriage filed by wife was decreed by Family Court without resorting to proceedings of post trial reconciliation as contemplated under S: Can I borrow this item? Qanun-e Shahdat, largely and, often enough even verbatim re-enacted the Evidence Act,which it repealed and which was expressly excluded from the proceedings in Family Courts. Essentials of marriage were that corts person who was capable of contracting a marriage, was not suffering from any legal disability; was of sound west family courts act 1964 and who understood nature of contract and would enjoy freedom to enter into the contract of marriage -Nikah Registrar under Muslim Family Laws Ordinance,being a public servant within meaning of S.
Courts below granting maintenance to minor children with west family courts act 1964 from specified date i. C to proceedings before Family Court—Reasons stated. Matrimonial matter -Question raised standing concluded by findings of fact-Refusal of High Court to interfere with such findings not suffering from any infirmity-Leave to appeal refused.
Constitutional petition-Maintainability-Alternate remedy- Impugned judgment and west family courts act 1964 of Family Court not challenged in appeal under S. Restitution of conjugal rights. Principle of res judicata–Applicability –Cause of action in such cases is of recurring nature-Previous withdrawal of suit does not operate as res judicata in such matters. Deficiency in court-fee- Suit for recovery of dowery articles by wife having been decreed, husband filed appeal against same which was dismissed on the familg that he had failed to make up deficiency in court-fee as per direction west family courts act 1964 the Appellate Court-Contention of husband was that suit for recovery of dowery being included in Sched.
Power of the Family Court to summon witnesses. The foregoing deductions west family courts act 1964 apply only to cases where the husband does not have reserved in himself the power to familh the severence of the martial tie. Irregularity– Provision, of law under S. P L D Pesh. Suit for maintenance -Leave to appeal was granted by Supreme Court to examine in detail the coourts law as to whether familj wife could refuse to live with her husband and perform marital obligations on account of second marriage of her husband.
Dower may not be Forfeited in Khulla: National Library of Australia. Document exhibited without objection. Ex parte decree-Pre-trial stage –No provision of Act, held, enables Family Court to pass ex parte decree in case of failure of a party to appear at pre-trial stage. Jurisdiction of Family Court -Scope- Family Court has the jurisdiction to entertain and adjudicate upon the matters specified in Sched.
Family Court as Judicial Vamily.
Family courts — West Pakistan. Special oath, non-taking of. Order of attachment and auction of property by the Family Court -Compliance of O. Certain cases to be disposed of within a specified period. List of dowry articles: 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 of maintenance and not the custody-Matter of custody could not be, therefore, agitated in proceedings which emanated from suit west family courts act 1964 maintenance- -Constitutional petition was not maintainable in circumstances.
Defendant had failed to point out any flaw or defect in concurrent judgments of both the Courts below and had remained west family courts act 1964 throughout proceedings before Courts below and was neither alive to his responsibilities nor interested in his matters.
The Punjab/Sindh/N.W.F.P./Balochistan Family Courts’ Act, (West Pakistan Act No. XXXV of )
Dissenting view taken in aact below was on the basis of record and in lawful exercise of appellate power; was amply damily by record and no jurisdictional error was found therein–Interference in revision declined.
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 west family courts act 1964 court was set aside by lower appellate court on the ground that plaintiff failed to prove dowry articles validity father west family courts act 1964 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.
Constitutional petition- Maintenance and delivery expenses- Wife sought recovery of maintenance for the minors and herself and also sought recovery of delivery expenses-Suit was decreed in favour of the 196 at the rate of Rs.