Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.33

Law: Family Courts Act, 1964

Section: 17,5,Schedule

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 33---Family Courts Act (XXXV of 1964), S. 17 & Preamble---Appeal against of Family Court---Powers of Appellate Court to modify and decree of Family Court by relying on provisions of the Civil Procedure Code, 1908---Scope---Rule 33 of O. XLI of the Code of Civil Procedure, 1908 ("C.P.C.") enabled the Appellate Court "to pass any decree and make any order which ought to have been passed or made... and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal.. "---Although S. 17 of the Family Courts Act, 1964 excluded the applicability of the C.P.C., except those provisions specifically made applicable, to avoid technicalities and to decide cases in the shortest possible time, however, the Preamble of the Family Courts Act, 1964 stated the reason for enacting said Act was, "for the expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith"---Wife, a former wife, a child or children should not be disentitled because the Family Court failed to pass an order which ought to have been passed in their favour; and if the Appellate Court corrected such mistake it could do so in exercise of the powers inherent in an Appellate Court---Exercise of such powers vested in a Court of appeal (Rule 33 of Order XLI of the C.P.C.). (b) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Recovery of maintenance allowance from husband/father---Husband/father failing to disclose his salary or financial earnings---Effect---Where a husband was required to maintain his wife, former wife during her iddat period or child and was required to pay maintenance, including the arrears of maintenance, his present and past earnings must be disclosed by him, because his financial status determined the amount of maintenance that should be awarded---In case of non-disclosure an adverse inference could be drawn against him---Supreme Court observed that Family Court should try to ascertain the salary and earnings of the husband/father who was required to pay maintenance. THIS ORDER PASSED BY: QAZI…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492