Law: West Pakistan Family Courts Act, 1964

Section: 8

Precedent-- Presiding Officers and counsel should refer those law books which were authentic and have been recognized by Competent Authority to avoid chances of misleading. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 8 [as applicable in the Province of Balochistan]---Mode of service on defendant in family suit---Provisions of S.8, West Pakistan Family Courts Act, 1964, as it was enacted on the day of its inception, was applicable in the Province of Balochistan---Defendant in a family suit could, therefore, be intimated by making publication in the newspaper that a case was pending against him. PLD 1965 C&P Statutes 305; PLD 1969 C&P Statutes 47 and PLD 1970 C&P Statute 323 ref. . Muhammad Riaz Ahmad for Petitioner Respondents (by publication called absent) Date of hearing: 30th May, 1994. JUDGMENT IFTIKHAR MUHAMMAD CH., J: --Petitioner feeling aggrieved from the following order dated 5th December, 1993, passed by Civil Judge III, Family Court, Quetta has preferred instant Constitutional petition:-- "This order shall dispose of an application filed under section 9, subsection (2) of the Family Courts Act read with section 4 of the Act. I of 1969 and section 2 and Schedule of Ordinance 18 of 1970, wherein the plaintiff applicant contended that permission be granted to her for service of summons through publication, because the relevant law regarding intimation to the defendant had amended, and section 8, subsection (2) provides, the publication in the Newspapers. I am afraid the contention raised in this   behalf is not correct and in section of the Family Courts Act all the modes of service has been prescribed and in subsection (6) the mode of publication through Newspaper also been deliberately excluded, reasons best known to the law-makers, be that as it may. The amendment of section 8, subsection (2) of Act of 1964 is altogether a different thing which also do not find place in the latest edition of Manual of Family Laws, which seems that the said amendment was subsequently repealed, hence the application is dismissed the plaintiff is directed to furnish the correct address of the defendant and he may be served in accordance…