Law: Family Courts Act, 1964

Section: 5,17

Family Courts Act (XXXV of 1964)--- ----Ss.5, Sched. 17---Qanun-e-Shahadat (10 of 1984), Art. 163---Suit for recovery of dowry articles---Provisions of Qanun-e-Shahadat, 1984 and Code of Civil Procedure, 1908 not to apply---Acceptance or denial of claim on oath---Scope---Plaintiff filed suit for recovery of dowry articles against the defendant---Defendant instead of contesting the suit filed application making an offer of taking special oath with regard to return of articles by him to the plaintiff---Offer of special oath was accepted by the plaintiff and in that respect the statement was recorded by the Trial Court---Suit filed by plaintiff was decreed and appeal filed against the same was also dismissed---Validity---Provisions of Qanun-e-Shahadat, 1984, were not applicable to Family Courts proceedings---Family Court could regulate its own procedure and was not bound by the rigors of Qanun-e-Shahadat, 1984, but Family Court was not barred from settlement of the dispute on special oath---Subsequent objection of the defendant that it was in violation of Art.163 of Qanun-e-Shahadat, 1984, was not tenable---Constitutional petition was dismissed. 1990 MLD 389 and Attiqullah v. Kafayatullah 1981 SCMR 162 ref. JUDGMENT MUHAMMAD EJAZ SWATI, J.--- The respondent No.1 (plaintiff) filed a suit for recovery of Dowery articles having total worth of Rs.1301,000/- against petitioner (defendant). The petitioner instead of contesting the suit filed an application making an offer of taking special oath with regard to return of articles by the petitioner to the respondent No.1. The offer of special oath was accepted by the respondent/plaintiff and in this respect her statement was recorded by the trial Court and the same is reproduced as under:- In the light of above statement, the suit filed by the respondent/plaintiff was decreed by the learned Family Judge-I, Quetta vide judgment dated 5th December, 2017. On appeal filed by the petitioner, the learned Additional District Judge-VI, Quetta vide judgment/decree dated 28th April, 2018 dismissed the appeal. 3. Learned counsel for the petitioner contended that the provision of Qanun-e-Shahadat Order, 1992 was not applicable,…

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