Law: Family Courts Act, 1964

Section: 14(2)

(a) Interpretation of statutes--- ----Purposive interpretation---Purposive rather than a literal approach to interpretation was to be adopted while interpreting statutes---Interpretation which advanced the purpose of the Act was to be preferred rather than an interpretation which defeated its objects. Federation of Pakistan through Ministry of Finance and others v. Messrs Noori Trading Corporation (Private) Limited and 14 others 1992 SCMR 710 and Hudabiya Engineering (Pvt.) Limited v. Pakistan through Secretary, Ministry of Interior, Government of Pakistan and 6 others PLD 1998 Lah. 90 ref. (b) Interpretation of statutes--- ----Beneficial provisions in a statute---Such provisions must be interpreted liberally in a manner so that the benefit conferred was advanced rather than frustrated or subverted. Lahore Development Authority through D.G., Lahore and another v. Abdul Shafique and others PLD 2000 SC 207 and Pakistan Engineering Co. Limited, Lahore through Managing Director v. Fazal Beg and 2 others 1992 SCMR 2166 ref. (c) Family Courts Act (XXXV of 1964)--- ----S. 14(2)---Suit for return of dowry articles---Amount decreed by the Trial Court less than the amount mentioned under S. 14(2) of the Family Courts Act, 1964 (i.e. Rs. 100,000)---No embargo on wife to file appeal against such decree---Only possible purposive and rational interpretation of S. 14(2) of the Family Courts Act, 1964 was that the right of appeal of a husband against whom a decree had been passed was curtailed, if the amount awarded was less than the amount mentioned in the said section---However, in no event the right of the wife to file an appeal was extinguished if she was dissatisfied with any decree in a suit for dower or dowry articles---Section 14(2) of the Family Courts Act, 1964 could not be interpreted so as to exclude a right of appeal to a wife whose claim of dower or dowry had been partially or entirely declined---Such an interpretation would defeat the purpose and object of the Family Courts Act, 1964 and frustrate its beneficial nature. Ghulam Rasool v. Senior Civil Judge and 4 others 2008 CLC 775; Saeeda Alia v. Syed Ghulam Mursalin Naqvi and another 2004 MLD 306 and Mst.…

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