Law: Family Courts Act, 1964

Section: 5,14

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Family suits involving children---Technicalities and trappings of normal practice and procedure not suitable for such suits---Family litigation directly or indirectly causes long term effects on the emotional health of parties especially the children who become a silent victim of differences and disputes between contesting adults---Dilemma starts with our social and institutional conception of the child and childhood---Therefore, when a child comes to interact with the judicial system, the response must be facilitative, cooperative and backed by child-right driven approach---Technicalities and trappings of normal practice and procedure are not suitable to the cases where very young children are the party. Douglas Hodgson, The Historical Development and internationalisation of the Childrens Rights Movement (1992) 6 Australian Journal of Family Law 252; Qaisar Abbas, Child in Conflict with Justice: Hitting Below the Belt? Analytical Overview [2008] Pakistan Law Journal 560 and Muhammad Afzal v. Hahnaz Shahzadi 1989 MLD 1362 ref. (b) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Family suit involving child---Minor daughter of the parties not arrayed as a plaintiff in the suit---Whether Family court is competent to grant a decree in favour of such minor---Held, that in the present case, it was very much convenient for the Family Court to ask for the suitable amendments in the plaint or it could have itself impleaded the child as a plaintiff along with his mother and other siblings---However, in the given circumstances, there was no miscarriage of justice or that the case could have a different result if the child was technically impleaded as a party to the suit in formal manner---Disposal and settlement of family dispute should not take the form and contents of adjudication---Wherever, there is a procedural convenience, subject to the command of the statute, it must be resolved in favour of the women and children---Though the name of minor daughter has not been mentioned in the array of plaintiffs independently but in the body of the plaint her case for grant of maintenance has been clearly pleaded…

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