Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------Preamble & S.17---Trial of suits---Special procedure ---Object--­Purpose of enacting Special Law regarding family disputes is advancement of justice and to avoid technicalities, which are hindrance in the ultimate justice between the parties---Court has to regulate its own proceedings in view of the provisions of West Pakistan Family Courts Act, 1964---Court, in regulating the proceedings, has to proceed on the premises that every procedure is permissible unless a clear prohibition is found in law---Family Court can exercise its own powers to prevent the course of justice being deflected from the path---West Pakistan Family Courts Act, 1964, is a remedial statute and its enactment is actuated with beneficial object behind it, for expediting the matrimonial and family disputes by simplifying the procedure and curtailing the technicalities of the procedural law---Such procedure has been adopted keeping in view the weaker limb of our society in juxtaposition of .our social and socio-economic conditions---Purpose of enacting West Pakistan Family Courts Act, 1964, is to avoid technicalities of Qanun-e-Shahadat and Code of Civil Procedure, 1908, so that the family matters can be settled by way of administration of justice in its true sense unhindered by technicalities. (b) West Pakistan Family Courts Act (XXXV of 1964)----- ----Ss. 5 & 17---Constitution of Pakistan (1973). Art. 199--­Constitutional petition---Family dispute---Recovery of dowry articles--­List of dowry articles and cash memos---Family Court decreed the suit filed by wife and the value of the dowry articles was fixed on the basis of cash memos and list of dowry articles produced by the wife--­Judgment and decree was maintained by Appellate Court with a modification in the decretal amount whereby value of the dowry articles was reduced---Plea raised by the husband was that both the Courts below decreed the suit on the basis of cash memos and list of dowry articles which were not proved in accordance with the provisions of Qanun-e-Shahadat, 1984---Validity---Method of institution of suits and recording of evidence was altogether different…

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