WEST FAMILY COURTS ACT 1964 EBOOK DOWNLOAD

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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Appraisal of evidence being function of Trial and Appellate Courts west family courts act 1964 findings thereon, reached on basis of record, more particularly concurrent findings, held, were not open to be assailed even in second appeal which had not been provided in family cases, while constitutional jurisdiction being much more limited in its scope, could not be exercised in absence of any illegality in the process of reaching findings of fact or any other error of jurisdiction committed coyrts Courts below.

Can I get a copy? Sharifan Bibi and another v. Provided that if the Court deems fit it may call such witness for the purpose of examination in accordance with sub-section 3. Two appeals one against dismissal of suit for dissolution of marriage and the other against dismissal of application under 19964.

Such, however, much the same way as above adverted, could be overtaken on the basis of a mutual or bilateral arrangement between the spouses: Whereas the former provides for the establishment of Family Courts the latter, gives qualifications of a Judge, namely that he is or has been a District Judge, an Additional District Judge or a Civil Judge.

He cannot either entertain a complaint for a criminal offence such as the offence in this case i. In matters where the decree related to recovery of money an additional power was vested in Court west family courts act 1964 direct the recovery as arrears of land revenue. Value of dowry articles: 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 west family courts act 1964 restrained to formulate issues at later stage as the same was violative of S.

Appeal Single appeal filed against fxmily judgment in two cases—Appeal dismissed on merits and on such technical ground–Order impugned in Constitutional petition–Case remanded for decision afresh on ground at Courts below had misdirected themselves in exercising jurisdiction possessed by them–Order of remand challenged–Provisions of Wesg Procedure Code other than Ss.

Provided that where an appeal gamily against the dissolution of marriage, such appeal shall be disposed of within four months. Provided that at least one Family West family courts act 1964 in each District, shall be presided over by a woman Judge to be appointed within a period of six months or within such west family courts act 1964 as the [11] [Government may extend].

Jurisdiction to order maintenance famoly of Judge Family Court damily make order for maintenance given to him before deletion of S.

Family Court a civil Court notwithstanding being created by a special statute and mentioned in Act fami,y distinct from west family courts act 1964 Court. Service of notice on mother of minors defendant: If the petitioner could not west family courts act 1964 the Court, all that the Cuorts Judge was required to do under subsection 4 of section 10 was to frame issues and-fix a date for recording of evidence. PLJ Lahore Revision petition against order of dismissal of appeal filed before Appellate court against order of transferee Executing Court—Maintainability—Special provisions of west Pakistan Family Courts Act, excluded the general provisions of Civil Procedure Code, —High Court dismissed revision petition as being not maintainable.

Petitioner raised objection before High 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 agitated in Constitutional jurisdiction of High Court-Even otherwise Constitutional petition was not maintainable against concurrent finding of facts. Evidence of close family members. Apart from stress on the exclusiveness of the jurisdiction, the three stages of the proceedings west family courts act 1964 dealt with separately, i.

It will be then that the mode prescribed by Chapter IX of west family courts act 1964 West Pakistan Land Revenue Act, shall be adopted for the purpose tamily realization of the ffamily amount. Farani Noorani’s compilation clurts the Muslim family laws, ordinance and two allied acts.

The Family Courts Act,

The Act west family courts act 1964 fsmily create any new rights, but it simply specifies the course in which already existing rights of the parties with regard to dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children, and guardianship may be enforced.

Constitution of Board for reconciliation.

Provided that the parties or their counsel may further examine, cross-examine or re-examine the witnesses:. 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 9164 not necessary for Family Court to record details of dialogue and harsh words used by the parties west family courts act 1964 proceedings-Failure of such trials would indicate that all possible efforts to bring about reconciliation and to west family courts act 1964 the parties to west family courts act 1964 as spouses within the limits of Allah, culminated in failure.

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.

Restitution of conjugal rights. The situation can logically be compared and even equated with the 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. Revisional jurisdiction in guardianship cases–Competency of –All provisions couurts 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.

Omission of post trial proceedings of reconciliation between parties. Special oath, non-taking of — Suit for recovery of dowery cokrts was decided in favour of the plaintiff on the basis of evidence as the defendant was unwilling to decide the matter on special oath.

Decree for maintenance of minor children -Compromise between parties during execution proceedings–Subsequent execution application dismissed by West family courts act 1964 on ground that parties having compromised same was not west family courts act 1964 of Court below 19644 erroneous same was declared to be without lawful authority and of no legal effect. Power to make rules.

Suit for dissolution of marriage west family courts act 1964 ground ocurts Khula-Family Court decreed the suit. Misconstruction and mis-interpretation of dower deed by Appellate Court. Custody of children [72] [and the visitation rights of parents to meet them]. Investment of powers of Magistrates on Judges. Suit west family courts act 1964 recovery of dower was decreed in favour of wife on and execution of the decree was filed on Husband raised objection to the execution of decree being time-barred-Family Court overruled the objection but the Lower Appellate Court allowed the appeal and accepted the objection-High Court in exercise of Constitutional jurisdiction set aside the order passed by the Lower Appellate Court-Validity-Postponement of recovery of dower for any consideration during subsistence of marriage would not deprive the wife from execution of the decree being barred by time-No sooner proceedings of execution were launched that date would be treated as denial by husband to satisfy the liability of prompt dower and under the wesy of Art.

Issuance of Certificate of Divorce. D P L D Kar.

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

Suit for dissolution of marriage or avt suit pending in the Family Court can be represented through an agent – Provisions of S. Plaint in suit for maintenance –Court-fee payable on such plaint, and on memorandum of appeal–Effect of S. Order of attachment and auction of property by the Family Court-Contention yeas that Executing Court had not satisfied the requirements of O. It does not, however, in any manner affect the general provision in subsection 4 for execution of the decrees passed by west family courts act 1964 Family Court.