Law: Family Courts Act, 1964

Section: 17

Law: Qanun-e-Shahadat (10 of 1984)

Section: 10

Family Courts Act ( XXXV of 1964)--- ----S.17---Civil Procedure Code (V of 1908), Preamble---Qanun-e-Shahadat (10 of 1984 ), Preamble---Family Court Act, 1964---Object---Provisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984---Applicability---Dismissal of suit on technicalities---Effect--- Family Court dismissed the suit of lady/respondent on the ground that she did not fulfil the requirements of the Qanun-e-Shahadat, 1984, while producing her documentary as well as oral evidence---Appellate Court remanded the matter to the Family Court---Held, that purpose of enacting the special law regarding family disputes was to advance justice and to avoid technicalities which were hindrance in providing ultimate justice to the parties---Family Courts Act, 1964, was promulgated for the expeditious settlement and disposal of disputes relating to the marriages and other family affairs and special procedure was provided to achieve the object---Purpose of enacting the Family Courts Act, 1964, was to frustrate the technicalities for the purpose of justice between the parties in the shortest possible time---Provisions of the Civil Procedure Code, 1908, as well as Qanun-e-Shahadat, 1984, were not applicable in stricto sensu to the proceedings before the Family Court---By virtue of S.17 of the Family Courts Act, 1964, the applicability of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984, had been excluded---Appellate Court had rightly remanded the matter to the Family Court---No illegality or infirmity had been noticed in the impugned order passed by the Appellate Court---Constitutional petition was dismissed, in circumstances. Farzana Rasool v. Dr. Muhammad Bashir 2011 SCMR 1361 ref. JUDGMENT ROZI KHAN BARRECH, J.---- The instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic Pakistan, 1973 (Constitution) carries the following prayer: it is most respectfully submits that keeping in view submissions made hereinabove, this Honourable court may kindly be pleased to allowed the constitution petition in hand, and set aside the decree/judgment dated 24/10/2019 passed by the learned appellate court i.e. District Judge Kharan.…

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