Law: Family Courts Act, 1964

Section: 13,17,Preamble,5,25

Law: Civil Procedure Code (V of 1908)

Section: 46,115

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 13 & 17---Civil Procedure Code (V of 1908), Ss.46 & 115--­Execution of decree---Revision petition against order of dismissal of appeal tiled before Appellate Court against order of transferee Executing Court--­Maintainability ---Special provisions of West Pakistan Family Courts Act, 1964 excluded the general provisions of Civil Procedure Code, 1908---High Court dismissed revision petition as being not maintainable. The State v. Ziaur Rehman and others PLD 1973 SC 49 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Preamble & S.17---Purpose of the Act---Non-applicability of provisions of C.P.C., to proceedings before Family Court---Reasons stated. The purpose of enacting Family Courts Act is to frustrate the technicalities for the purpose of justice between the parties in the shortest possible manner. All that the Family Courts Act has done is that it has changed the forum, altered the method of trial and empowered the Court to grant better remedies. The provisions of Civil Procedure Code are not applicable in stricto senso to proceedings before the Family Court by virtue of section 17 of the West Pakistan Family Courts Act, 1964. Purpose of enacting special law regarding family disputes is for advancement of justice and to avoid technicalities. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5, 17 & 25---Powers of Judge, Family Court to regulate its own proceedings, where circumstances so demand, in order to prevent course of justice being deflected from its true path-- -Principles. Judge Family Court is competent to regulate its own proceedings as West Pakistan Family Courts Act, 1964 does not make provisions for every conceivable eventuality and unforeseen circumstances. The Act creates a Special Court for decision of matters mentioned therein. Civil Procedure Code, 1908 and Evidence Act, 1872 are not made applicable to trial before Family Court. The Family Court should and must, when the circumstances so demand, exercise its own powers to prevent the course of justice being deflected from its true path. PLD 1970 Pesh; 52; 1987 CLC 1277; 1986 CLC 2381;…

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