Law: Family Courts Act, 1964

Section: 5,17

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for recovery of dower and maintenance---Scope---Petitioner assailed ex-parte and decree passed by Trial Court in a suit for recovery of dower and maintenance---Validity---Petitioner had appeared before the Trial Court, received the copy of suit along with annexures and engaged a counsel but subsequently when he did not appear he was proceeded against ex-parte---Appeal filed by petitioner under S. 14 of the Family Courts Act, 1964, was held to be time barred---Matter was decided by the Trial Court on the basis of available record---Constitutional petition was dismissed. Muhammad Tabish Naeem Khan v. Additional District Judge Lahore 2014 SCMR 1365 rel. (b) Family Courts Act (XXXV of 1964)--- ----S. 17---Provisions of Evidence Act and Code of Civil Procedure not to apply---Scope---Family Courts, which are creation of Family Courts Act, 1964, have to formulate their own procedure---Provisions of C.P.C. are not applied in this context---Legislature has intentionally kept the provisions of C.P.C. not applicable in the proceedings before the Family Courts in order to expedite the proceedings and for early disposal of cases so that the litigants before the Family Courts e.g. family members, husband or spouses should not suffer the agony of prolonged litigation. Farzana Rasool v. Dr. Muhammad Bashir 2011 SCMR 1361 rel. JUDGMENT MUHAMMAD AAMIR NAWAZ RANA, J.---The petitioner being dissatisfied and aggrieved from the judgements and decrees passed against him by the fora below have called in question the same through this constitution petition. The facts necessary for consideration are, that the respondents who are wife and children of petitioner had filed a suit for recovery of dower and maintenance allowance. The suit was decreed on 02.02.2021 through ex-parte judgment and appeal so filed by the petitioner remained unsuccessful. 2. Learned counsel for the petitioner contended that without affording adequate opportunities, the petitioner was proceeded against ex-parte and without considering the actual facts merely on the basis of highly interested witnesses produced by respondents, the suit was decreed and…

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