Law: Civil Procedure Code (V of 1908)

Section: 20

Law: Family Courts Act, 1964

Section: 14

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O. V, R. 20--- Substituted service--- Scope--- Legislature has conferred a wide ranging freedom of choice and options under Order V, Rule 20, C.P.C. as to how the substituted service is to be effected to ensure service quickly and efficiently if the notice/summons could not be served personally at the given address or at the address which is given or known---However, the remedy of substituted service can be resorted to only if the Court is satisfied that there is reason to believe that the other side is keeping out of the way only to avoid service. (b) Maxim--- ----Ubi jus ubi remedium (wherever there is a right, there is a remedy)---Scope---Said maxim is an elementary principle of law and any person having a right has a corresponding remedy to institute suits in a Court unless the jurisdiction of the Court is barred---Such principle acknowledges the subsistence of a legal right and can also be invoked when the law seemingly does not provide a remedy for the enforcement of such right. [p. 322] B Government of the Punjab through Secretary, Schools Education Department, Lahore and others v. Abdur Rehman and others 2022 SCMR 25 ref. (c) Family Courts Act (XXXV of 1964)--- ----S. 14---Constitution of Pakistan, Art. 199---Exhaustion of remedies, doctrine of---Scope---Constitutional petition filed before the High Court to challenge a decree of Family Court instead of resorting to the remedy of appeal provided under section 14 of Family Courts Act, 1964---Maintainability---Family Courts Act, 1964 is a special law which provides various legal remedies and the intention of the legislature for creating such remedies is that disputes falling within the ambit of such forum be taken only before it for resolution and bypassing or circumvention of the forums is not permissible under the command of Article 199(1) of the Constitution which confers jurisdiction on the High Court only when there is no adequate remedy available under any law---Where an adequate forum is fully functional, the High Court must not interfere and must relegate the parties to seek remedy before the special forum created under the special law---Doctrine of…

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