The Family Courts’ Act, 1964
(West Pakistan Act No. XXXV of 1964)
[Assented
to by Governor on 14th July,
1964 , and enforced w.e.f. 2nd November 1965 ]
An
Act to make provision for the establishment of Family Courts.
Preamble.
WHEREAS it is expedient to make provision for the establishment of Family
Courts for the expeditious settlement and disposal of disputes relating to
marriage and family affairs for matters connected therewith;
It
is hereby enacted as follows:---
1.
Short
title, extent and commencement.---(1) This Act may be called the
Punjab/Sindh/N.W.F.P./Balochistan Family Courts’ Act, 1964.
(2)
It extends to the whole of the Province of West Pakistan except the Tribal Areas.
(3)
It shall come into force in such
area or areas and or such date or dates as Government may, by notification in
the official Gazette specify in this behalf.
(4)
Nothing in this Act shall apply to
any suit, or any application under the Guardians’ and Wards’ Act, 1890, pending
for trial or hearing in any Court immediately before the coming into force of
this Act, and all such suits and applications shall be heard and disposed of as
if this Act was not in force.
(5)
Any suit, or any application under
the Guardians’ and Wards’ Act, 1890, which was pending for trial or hearing in
any Court immediately before the coming into force of this Act, and which has
been dismissed solely on the ground that such suit or application is to be
tried by a Family Court established under this Act shall, notwithstanding
anything to the contrary contained in any law, on petition made to it in that
behalf by any party to the suit or application, be tried and heard by such
Court from the stage at which such or application had reached at the time of
its dismissal.
2.
Definitions.---(1)
In this Act, unless the context otherwise requires, the following expressions
shall have the meaning hereby respectively assigned to them, that is to say:---
(a)
“Arbitration Council” and “Chairman”
shall have the meanings respectively assigned to them in the Muslim Family Laws
Ordinance, 1961;
(b)
“Family Court” means a Court
constituted under this Act;
(c)
“Government” means the Government of
West Pakistan;
(d)
“party” shall include any person who
as such is considered necessary for a proper decision of the dispute and whom
the Family Court adds as a party to such dispute;
(e)
“prescribed” means prescribed by
rules made under this Act;
(2)
Words and phrases used in this Act
but not herein defined shall have the meaning respectively assigned to them in
the Code of Civil Procedure, 1908.
3.
Establishment
of Family Courts.---Government shall establish one or
more Family Courts in each District or at such other place as it may deem
necessary and appoint a Judge for each of such Courts.
Notification No. Integ. 10-31/64, dated 23rd January, 1967. In exercise of the
powers conferred by S. 3 of W. P. Family Courts’ Act, 1964, the Governor of
West Pakistan is pleased to establish a Family Court for Kalat Division with
Headquarters at Kalat and to appoint the President o the Majli-e-Shoora, Kalat,
to be Judge of the Court.
4.
Qualification
of Judge.---No person shall be appointed as a judge of a Family
Court unless he is or has been a District Judge, an Additional District Judge,
a Civil Judge or a Qazi appointed under the Dastrual Amal Diwani Riasat Kalat.
5.
Jurisdiction.---(1)
Subject to provisions of the Muslim Family Laws Ordinance, 1961, and the
Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive
jurisdiction to entertain, hear and adjudicate upon matters specified in Part I
of the Schedule.
(2)
Notwithstanding anything contained
in the Code of Criminal Procedure, 1898 (Act V of 1898), the Family Court shall
have jurisdiction to try the offences specified in Part II of the Schedule,
where one of the spouses is victim of an offence committed by the other.
(3)
The High Court may with the approval
of the Government, amend the Schedule so as to alter, delete or add any entry
thereto.
6.
Place
of sitting.---Subject to any general or
special orders of Government in this behalf, a Family Court shall hold its
sitting at such place or places within the District or areas for which it is
established as may be specified by the District Judge.
7.
Institution
of suit.---(1) Every suit before a Family Court shall be instituted
by the presentation of a plaint or in such other manner and in such Court as
may be prescribed.
(2)
The plaint shall contain all
material facts relating to the dispute and shall contain a Schedule giving the
number of witnesses indeed to be produced in support of the plaint, the names
and addresses of the witnesses and a brief summary of the facts to which they
would depose:
Provided further that the parties may, with the permission
of the Courts, call any witness and at any later stage, if the Court considers
such evidence in the interest of justice.
Provided that a plaint for dissolution of marriage may contain
all claims relating to dowry, maintenance, dower, personal property and
belongings of wife, custody of children and visitation rights of parents to
meet their children; and
(3) (i) Where as a plaintiff sues or relied upon a document in his
possession or power, he shall produce it in Court when the plaint is presented,
and shall at the same time deliver the document or a copy thereof to be field
with the plaint.
(3) (ii)
Where he relies on any other document,
not in his possession or power, as evidence in support of his claim, he shall
enter such documents in a list to be appended to the plaint giving reasons of
relevancy of these documents to the claim in the plaint.
(4)
The plaint shall be accompanied by
as many duplicate copies thereof including the Schedule and the lists of
documents referred to in sun-section (3), as there are defendants in the suit,
for service upon the defendants.
8.
Intimation
to defendant.---(1) Where a plaint is presented
to a Family Court it:---
(a)
shall fix a date of not more than
thirty days for the appearance of the defendant;
(b)
shall issue summons to the defendant
to appear on a date specified therein;
(c)
shall within three days of the
presentation of the plaint, send:---
(i)
to each defendant, by registered
post, acknowledgement due, or by courier service or by both a notice of the
suit, together with a copy of the plaint, a copy of the Schedule referred to in
sub-section (2) of section 7 and copies of the documents referred to in
sub-section (3) of the said section; and
(ii)
to the Chairman of the Union Council
within whose jurisdiction the defendant or defendants, as the case may be,
reside, and where the defendants reside within the jurisdiction of different
Union Councils, to the Chairman of every such Union Council, a notice of the
plaint having been presented.
(2)
Every summons issued under clause
(b) of sub-section (1) shall be accompanied by a copy of the plaint, a copy of
the Schedule referred to in sub-section (2) of section 7, and copies of the
documents and list of documents referred to in sub-section (3) of the said
section.
(3)
On receipt of the notice under clause
(c) of sub-section (1), the Chairman shall display the notice on the Notice
Board of the Union Council for a period of seven consecutive days, and shall,
as soon as may be, after the expiry of the said period, inform the Family Court
of the notice having been so displayed.
(4)
Service of the plaint and its
accompaniments in the manner provided in clause (b) or clause (c) of
sub-section (1) shall be deemed to be due service of the plaint upon the
defendant.
(5)
Every notice and its accompaniments
under clause (c) of sub-section (1) shall be served at the expense of the
plaintiff. The postal charges for such service shall be deposited by the
plaintiff at the time of filing the plaint.
(6)
Summons issued under clause (b) of
sub-section (1) shall be served in the manner provided in the Code of Civil
Procedure, 1908, Order V, Rules 9, 10, 11, 16, 17, 18, 19, 20, 21, 23, 24, 26,
27, 28 and 29. The cost of summons shall be assessed and paid as for summons
issued under the Code of Civil Procedure, 1908.
Explanation.---For the purposes of this
section, the expression “Union Council” means a Union Council, Town Committee
or Union Committee constituted under section 57 of the Electoral College Act,
1964 (IV of 1964).
Act
XXIV of 1971
Amendment
of section 8 of W. P. Act XXXV of 1964. In the West Pakistan Family Courts’ Act,
1964, hereinafter referred to as the said, Act, in section 8:---
(i)
in sub-section (1), for clause (c),
the following clause shall be substituted;
(c)
shall within three days of the
presentation of the plaint, send to each defendant by registered post,
acknowledgement due, a notice of the suit, together with a copy of the plaint,
a copy to the Schedule referred to in sub-section (2) of section 7 and copies
of the documents and a list of documents referred to in sub-section (3), of the
said section; and
(ii)
sub-section (3) and the Explanation
occurring at the end of the section shall be deleted.
9.
Written
statement.---(1) On the date fixed under clause (a) of sub-section
(1) of section 8, the plaintiff and the defendant shall appear before the
Family Court and the defendant shall file his written statement; and attach
therewith a list of his witnesses alongwith a précis of the evidence that each
witness is expected to give.
(1a) A
defendant husband may, where no earlier suit for restitution of conjugal rights
is pending, claim for a decree of restitution of conjugal rights in his written
statement to a suit for dissolution of marriage or maintenance, which shall be
deemed as a plaint and no separate suit shall lie for it.
(1b) A
defence wife may, in the written statement to a suit for restitution of
conjugal rights, make a claim for dissolution of marriage including khula which
shall be deemed as a plaint and no separate suit shall lie for it:---
Provided that the proviso to sub-section (4) of section 10
shall apply where the decree for dissolution of marriage is to be passed on the
ground of khula.
(2)
Where a defendant relies upon a
document in his possession or power, he shall produce it or a copy thereof in
the Court alongwith the written statement.
(3)
Where he relies on any other
document not in his possession or power as evidence in support of his written
statement, he shall enter such documents in a list to be appended to the
written statement giving reasons of relevancy of these documents to the defence
in the written statement.
(4)
Copies of the written statement,
list of witnesses and précis of evidence referred to in sub-section (1) and the
documents referred to in sub-section (2) shall be given to the plaintiff, his
agent or advocate present in the Court.
(5)
If the defendant fails to appear on
the date fixed by the Family Court for his appearance then:---
(a)
if it proved that the summons or
notice was duly served on the defendant, the Family Court may proceed
ex-parte:---
Provided that where the Family Court has adjourned the
hearing of the suit ex-parte, and the defendant at or before such hearing
appears and assigns good cause for his previous non-appearance, he may, upon
such terms as the Family Court directs, be heard in answer to the suit as if he
had appeared on the day fixed for his appearance; and
(b)
if it is not proved that the
defendant was duly served as provided in sub-section (4) of section 8, the
Family Court shall issue fresh summons and notice to the defendant and cause
the same to be served in the manner provided in clauses (b) and (c) of
sub-section (1) of section 8.
(6)
In any case in which a decree is
passed ex-parte against a defendant under this Act, he may apply within thirty
days of the service of notice under sub-section (7) of the passing of the
decree, to the Family Court by which the decree was passed for an order to set
it aside, and if he satisfies the Family Court that he was not duly served, or
that he was prevented by any sufficient cause from appearing when the suit was
heard or called for hearing, the Family Court shall, after service of notice on
the plaintiff, on such terms as to cost as it deems fit, make an order for
setting aside the decree as against him, and shall appoint a day for proceeding
with the suit.
Provided that where the decree is of such a nature that it
cannot be set aside as against such defendant only, it may be set aside against
all or any of the other defendant also.
(7)
The notice of passing of the
ex-parte decree referred to in sub-section (6) shall be sent to the defendant
by the Family Court together with a certified copy of the decree within three
days of the passing of the decree, through process server or by registered
post, acknowledgement due, or through courier service or any other mode or
manner as it may deem fit.
(8)
Service of notice and its
accompaniment in the manner provided in sub-section (7) shall be deemed to be
due service of the notice and decree on the defendant.
10.
Pre-trial
proceeding.---(1) When the written statement
is filed, the Court shall fix an early date for a pre-trial hearing of the
case.
(2)
On the date so fixed, the Court
shall examine the plaint, the written statement (if any) and the précis of
evidence and documents filed by the parties and shall also, if it so deems fit,
hear the parties and their Council.
(3)
At the pre-trial, the Court shall
ascertain the points at issue between the parties and attempt to effect a
compromise or reconciliation between the parties, if this be possible.
(4)
If no compromise or reconciliation
is possible, the Court shall frame the issues in the case and fix date for the
recording of the evidence;
Provided that notwithstanding any decision or judgment of
any Court or tribunal, the Family Court in a suit for dissolution of marriage,
if reconciliation fails, shall pass decree for dissolution of marriage
forthwith and shall also restore to the husband the Haq Mehr received by the
wife in consideration of marriage at the time of marriage.
11.
Recording
of evidence.---(1) On the date fixed for the
recording of the evidence, the Family Court shall examine the witnesses
produced by the parties in such order as it deems fit.
(2)
The Court shall not issue any
summons for the appearance of any witness unless, within three days of the
framing of issues, any party intimates the Court that it desires a witness to
be summoned through the Court and the Court is satisfied that it is not
possible for such party to produce the witness.
(3)
The witnesses shall give their
evidence in their own words:---
Provided that the parties or their Council may further
examine, cross-examine or re-examine the witness:---
Provided further that the Family Court may forbid any
question which it regards as indecent, scandalous or frivolous or which appears
to it to be intended to insult or annoy or is needlessly offensive in form.
(3-A) The Family Court may, if it so deems fit, put any question to any
witness of the purposes of elucidation of any point which it considers material
in the case.
(4)
The Family Court may permit the evidence
of any witness to be given by means of an affidavit:---
Provided if the Court deems fit, it may call such witness
for the purpose of further examination in accordance with sub-section (3).
12.
Conclusion
of trial.---(1) After the close of evidence of both sides, the
Family Court shall make another effort to effect a compromise or reconciliation
between the parties within a period not exceeding fifteen days.
(2)
If such compromise or reconciliation
is not possible, the Family Court shall announce its judgment and give a
decree.
12A Cases to be disposed of within a specified
period.---A Family Court shall dispose of a case, including a suit
for dissolution of marriage, within a period of six months from the date of
institution.
Provided
that where a case is not disposed of within six months either party shall have
a right to make an application to the High Court for necessary direction as the
High Court may deem fit.
13.
Endorsement
on decrees.---(1) The Family Court shall pass
a decree in such form and in such manner as may be prescribed, and shall enter
its particulars in the prescribed register.
(2)
If any money is paid or any property
is delivered in the presence of any Family Court, in satisfaction of the
decree, it shall enter the fact of payment or the delivery of property, as the
case may be, in the aforesaid register.
(3)
Where a decree relates to the
payment of money and the decretal amount is not paid within the time specified
by the Court, not exceeding thirty days, the same shall, if the Court so
directs, be recovered as arrears of land-revenue and on recovery shall be paid
to the decree-holder.
(4)
The decree shall be executed by the
Court passing it or by such other Civil Court
as the District Judge may, by special or general order, direct.
(5)
A Family Court may, if it so deems
fit, direct that any money to be paid under a decree passed by it be paid in
such installments as it deems fit.
14.
Appeal.---(1)
Notwithstanding anything provided in any other law for the time being in force,
a decision given or decree passed by a Family Court shall be appealable:---
(a)
to the High Court, where the Family
Court is presided over by a District Judge, an Additional District Judge or any
person notified by Government to be of the rank and status of a District Judge
or an Additional District Judge; and
(b)
to the District Court, in any other
case.
(2)
No appeal shall lie from a decree by
a Family Court:---
(a) for
dissolution of marriage, except in the case of dissolution for reasons
specified in clause (d) of item (viii) of section 2 of the Dissolution of
Muslim Marriages’ Act, 1939;
(b) for
dower or dowry not exceeding rupees thirty thousand;
(c) for
maintenance of rupees one thousand or less per month.
(3)
No appeal or revision shall lie
against an interim order passed by a Family Court.
(4)
The appellate Court referred to in
sub-section (1), shall dispose of the appeal within a period of four months.
15. Power of the Family Court to summon
witnesses.---(1) A Family Court may issue summons to any person to
appear and give evidence, or to produce or cause the production of any
document:---
Provided that:---
(b)
no person who is exempted from
personal appearance in a Court under sub-section (1) of section 133 of the Code
of Civil Procedure, 1908, shall be required to appear in person;
(c)
a Family Court may refuse to issue
summons or to enforce a summons already issued against a witness when, in the
opinion of Court, the attendance of the witness cannot be procured without such
delay, expense or inconvenience as in the circumstances would be unreasonable.
(2)
If any person to whom a Family Court
has issued summons to appear and give evidence or to cause the production of
any document before it, willfully disobeys such summons, Family Court may take
cognizance of such disobedience, and after giving such person an opportunity to
explain, sentence him to a fine not exceeding one thousand rupees.
16. Contempt of Family Court.---A
person shall be guilty of contempt of the Family Court if he, without lawful
excuse:---
(b)
offers any insult to the Family
Court; or
(c)
causes an interruption in the work
of the Family Court; or
(bb) misbehaves
with any person in the Court premises or uses abusive language, threats or uses
physical force or intimidates in any form; or
(d)
refuses to answer any question put
by the Family Court, which he is bound to answer; or
(e)
refuses to take oath to state the
truth or to sign any statement made by him in the Family Court,
and the Family Court may forthwith try such person for such
contempt and sentence him to a fine not exceeding rupees two thousand.
17. Provision of Evidence Act and Code
of Civil Procedure not to apply.---(1) Save as otherwise expressly
provided by or under this Act, the provisions of the Qanun-e-Shahadat, 1984 (P.
O. No. 10 of 1984) and the Code of Civil Procedure, 1908, except sections 10
and 11, shall not apply to proceeding before any Family Court in respect of
Part I of Schedule.
(2)
Sections 8 to 11 of the Oaths Act,
1873, shall apply to all proceedings before the Family Court.
17A. Interim order for maintenance.---[1][The
family court:---
(a)
in a suit for maintenance of
children, shall immediately after filing of the written statement pass interim
order for maintenance; and
(b)
in any other suit for maintenance,
may at any stage of the proceedings pass an interim order for maintenance,
whereunder the payment shall be made by the fourteenth of each
month in advance, failing which the Court shall strike off the defence and
decree the suit.]
17B. Power of the Court to issue Commission.---Subject
to such conditions and limitations as may be prescribed, the Court may issue a
Commission to,---
(c)
examine any person;
(d)
make at local investigation; and
(e)
inspect any property or document.
18. Appearance through agents.---If
a person required under this Act to appear before a Family Court, otherwise
than as a witness, is a pardanashin lady, the Family Court may permit her to be
represented by a duly authorized agent.
19. Court Fees.---Notwithstanding
anything contained in the Court Fees Act, 1870 (VII of 1870), the court fee to
be paid on any plaint or memorandum of appeal shall be rupees fifteen for any
kind of suit or appeal under this Act.
Act
XIV of 1973
Amendment
of West Pakistan Family Courts’ Act, 1964. In the West Pakistan
Family Courts’ Act, 1964,
in its application to the Province of the Punjab in section 19, for the words “rupee one”, the
words “rupees fifteen” shall be substituted.
20. Family Court to exercise the powers
of the Judicial Magistrate.---A Family Court shall have and
exercise all the powers of a Judicial Magistrate of the First Class under the
Code of Criminal Procedure, 1898 (Act V of 1898).
Notification dated 5th April, 1966 is as under:---
No. Integ. 10/31/64 I. In exercise of the powers conferred
by section 20 of the West Pakistan Family Courts’ Act, 1964 (XXXV of 1964), the
Governor of West Pakistan is pleased to invest all Judges of the Family Courts
with powers of magistrates of First class to make orders for maintenance under
section 488 of the Code of Criminal Procedure, 1898 (V of 1898).
21. Provisions of Muslim Family Laws
Ordinance to be application.---(1) Nothing in this Act shall be
deemed to affect any of the provisions of the Muslim Family Laws Ordinance,
1961, or the rules framed thereunder and the provisions of section 7, 8, 9 and
10 of the said Ordinance shall be applicable to any decree for the dissolution
of marriage solemnized under the Muslim Law, maintenance or dower, by a Family
Court.
(2)
When a Family Court passes a decree
for the dissolution of a marriage solemnized under the Muslim Law, the Court
shall send by registered post, within seven days of passing such decree, a certified
copy of the same to the appropriate Chairman referred to in section 7 of the
Muslim Family Laws Ordinance, 1961, and upon receipt of such copy, the Chairman
shall proceed as if he had received an intimation of talaq, required to be
given under the said Ordinance.
(3)
Notwithstanding anything to the
contrary in any other law, decree for dissolution of a marriage solemnized
under the Muslim Law shall:---
(b)
not be effective until the
expiration of ninety days from the day on which a copy thereof has been sent
under sub-section (2) to the Chairman; and
(c)
be of no effect if within the period
specified in clause (a) reconciliation has been effected between the parties in
accordance with provisions of the Muslim Family Laws Ordinance, 1961.
21A. Interim order pending suit.---The
Family Court may pass an interim order to preserve and protect any property in
dispute in a suit and any other property of a party to the suit, the
preservation of which is considered necessary for satisfaction of the decree,
if and when passed.
Act
XXIV of 1971
Substitution
of section 21 of W. P. Act XXXV of 1961.---In the said act, for section 21, the
following section shall be substituted:---
21. Provisions of Muslim Family Laws Ordinance,
1961 not affected.---Nothing in this Act shall be
deemed to affect any of the provisions of Muslim Family Laws Ordinance, 1961,
or the rules made thereunder.
22. Bar on the issue of injunctions by
Family Court.---A Family Court shall not have
the power to issue an injunction to, or stay any proceedings before, Chairman
or an Arbitration Council.
23. Validity of marriage registered
under the Muslim Family Laws Ordinance, 1961, not be questioned by Family
Courts.---A Family Court shall not question the validity of any
marriage registered in accordance with the provision of the Muslim Family Laws
Ordinance, 1961, not shall any evidence in regard thereto be admissible before
the said Court.
24. Family Courts to inform Union
Councils of cases not registered under the Muslim Family Laws Ordinance, 1961.---If
in any proceedings before a Family Court, it is brought to the notice of the
Court, that a marriage solemnized under the Muslim Family Laws Ordinance, 1961,
has not been registered in accordance with the provisions of the said Ordinance
and the rules framed thereunder, the Court shall communicate such facts in
writing to the Union Council for the area where the marriage was solemnized.
25. Family Court deemed to be a District
Court for the purposes of Guardians’ and Wards’ Act, 1890.---A
Family Court shall be deemed to be a District Court for the purposes of the
Guardians and Wards Act, 1890, and notwithstanding anything contained in this
Act shall in dealing with matters specified in that Act, follow the procedure
prescribed in that Act.
25A. Transfer of Cases.---Notwithstanding
anything contained in any Law, the [2][Supreme]
Court [3][as
per clause (a) and the High Court as per clauses (b) and (c)]] may either on
the application of any party or of its own accord, by an Order in writing:---
[4][(a)
transfer any suit or proceeding under
this Act from the Family Court of one Province to the Family Court of another
Province;]
(b)
transfer any suit or proceedings
under this Act from one Family Court to another Family Court in the same
district or from a Family Court to one district to a Family Court of another
district; and
(c)
transfer any appeal or proceeding
under this Act, from the District Court of one district to the District Court
of another district.
(2)
A district Court may, either on the
application of any party or of its own accord, by an Order in writing, transfer
any suit or proceeding under this Act from one Family Court to another Family
Court in a district or to itself and dispose it of as a Family Court.
(2a) Where a Family Court remains vacant or the presiding officer
remains on leave or absent for any reason, except due to vacations, for more
than thirty days, a District Court may, either on the application of any party
or of its own accord, by order in writing, transfer any suit or proceeding from
such Family Court to another Family Court in a District or to itself and
dispose it of as a Family Court.
(2b) On
the application of any of the parties and after notice to the parties and after
hearing such of them as desire to be heard, or of its own motion without such
notice, the Supreme Court may at any stage transfer any suit, appeal or other
proceedings under this Act pending before a Court in one Province to a Court in
another Province, competent to try or dispose of the same.
(3)
Any Court to which a suit, appeal on
proceeding is transferred under the preceding sub-sections, shall
notwithstanding anything contained in this Act, have the jurisdiction to
dispose it of in the manner as if it were instituted or filed before it;
Provided that on the transfer of a suit, it shall not be
necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to
be recorded in writing directs otherwise.
N.
W. F. P. AMENDMENT
Act
XVIII of 1996
Addition of section 25-A to W. P. Act XXXV of 1964
25-A. Transfer of cases.---(1)
Notwithstanding anything contained in any law, the High Court may, either on
the application of any party or of its own accord, by an order in writing:---
(a) transfer
any suit or proceedings under this Act from a District Court in one District to
a District Court in another district.
(b) transfer
any appeal or other proceeding under this Act from the District Court of one
district to the District Court of another district.
(2) A
District Judge, within the district of the jurisdiction, may, either on the
application of the party or of his own accord, by an order in writing transfer
any suit or other proceeding under this Act from one Family Court to another
Family Court.
(3) Any
Court to which a suit, appeal or other proceeding is transferred under the
preceding sub-section, shall, notwithstanding anything contained in this Act,
have the jurisdiction to dispose it of in the manner as if it were instituted
or filed before it:---
Provided that on the transfer, it shall not be necessary to
commence the proceeding before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing
directs otherwise.
Sindh
AMENDMENT
Act
II of 1997
Insertion of section 25-A in the Pakistan Family Courts’
Act, 1964
25-A. Transfer of cases.---(1)
Notwithstanding anything contained in any law, the High Court may, either on
the application of any party or of its own accord, by an order in writing:---
(a) transfer
any suit or other proceedings under this Act from one Family Court to another
Family Court in the same District or from a Family Court of one District to a
Family Court of another district; and
(b) transfer
any appeal or other proceedings under this Act from the District Court of one
district to a District Court in another district.
(2) Any
Court to which a suit, appeal or proceedings is transferred under the preceding
sub-section, shall, notwithstanding anything contained in this Act, have the
jurisdiction to dispose it of in the manner as if it were instituted or filed
before it:---
Provided that on the transfer, of a suit it shall not be
necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to
be recorded in writing, directs otherwise.
25-B. Stay of proceedings by the High Court and
District Courts.---Any suit, appeal or proceeding
under this Act, may be stayed:---
(a) by
the District Court, if the suit or proceeding is pending before a Family Court
within its jurisdiction; and
(b) by
the High Court, in the case of any suit, appeal or proceeding;
Provided that the stay application shall be finally decided
by the District Court or the High Court, as the case may be, within thirty days
failing which the interim stay order shall cease to be operative.
26. Power to make rules.---(1)
Government may, by notification in the official Gazette, make rules to carry
into effect the provisions of this Act.
(2)
Without prejudice to the generality
of the provisions contained in sub-section (1) the rules so made may, among
other matters, provide for the procedure, which shall not be inconsistent with
the provisions of this Act, to be followed by the Family Courts.
SCHEDULE
(See
Section 5)
[Part I]
1. Dissolution
of marriage including Khula.
2. Dower.
3. Maintenance.
4. Restitution
of Conjugal rights.
5. Custody
of children and the visitation rights of parents to meet them.
6. Guardianship.
7. Jactitation
of marriage.
8. Dowry.
9. Personal
property and belongings of a wife.
[Part II]
Offences
and aid and abetment thereof under sections 337-A(i), 337-F(i), 341, 342, 343,
344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of 1860)
[4]
Added by section 2 of
the Family Courts’ (Amendment) Act, 2008 (23 of 2008) and the then exiting
clauses (a) and (b) are renamed as clauses (b) and (c).
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