THE
FAMILY COURTS ACT, 1964
(Act
XXXV of 1964)
C O
N T E N T S
SECTION HEADING
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment
of Family Courts.
4. Qualifications
of Judge.
5. Jurisdiction.
6. Place
of sittings.
7. Institution
of suits.
8. Intimation
to defendant.
9. Written
statement.
10. Pre-trial
proceedings.
11. Recording
of evidence.
12. Conclusion
of trial.
12A. Cases
to be disposed of within a specified period.
13. Enforcement
of decrees.
14. Appeals.
15. Power
of Family Court to summon witnesses.
16. Contempt
of Family Courts.
17. Provisions
of Evidence Act and Code of Civil Procedure not to apply.
17A. Suit
for maintenance.
17B. Power
of the Court to issue Commission.
18. Appearance
through agents.
19. Court
fee.
20. Family
Court as Judicial Magistrate.
21. Provisions
of Muslim Family Laws Ordinance, 1961 not affected.
21A. Interim
order pending suit.
21B. Intimation
to Arbitration Council.
22. Bar
on the issue of injunctions by Family Court.
23. Validity
of marriages registered under the Muslim Family Laws Ordinance, 1961, not to be
questioned by Family Courts.
24. Family
Courts to inform Union Councils of cases not registered under the Muslim Family
Laws Ordinance, 1961.
25. Family
Court deemed to be a District Court for purposes of Guardians and Wards Act,
1890.
25A. Transfer
of cases.
25B. Stay
of proceedings by the High Court and District Courts.
26. Power
to make rules.
SCHEDULE
[1]THE FAMILY COURTS ACT, 1964
(Act
XXXV of 1964)
[18
July 1964]
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 and for matters connected therewith;
It
is hereby enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called the [2][* * *] Family
Courts Act, 1964.
[3][(2) It shall
extend to whole of the Punjab.]
(3) It
shall come into force in such area or areas and on such date or dates as
Government may, by notification in the official Gazette, specify in this
behalf.
[4][(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 suit or application
had reached at the time of its dismissal.]
2. Definitions.– [5][(1)] In this Act, unless the context
otherwise requires, the following expressions shall have the meanings 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;
[6][(c)
“Government” means Government of the Punjab;]
(d) “party”
shall include any person whose presence 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 [7][;]
[8][(f) “Schedule”
means the Schedule appended to the Act; and
(g) “Union
Council” means a Union Council, Municipal Committee, Cantonment Board, Union Administration
or, in case of absence of any of these local governments in a local area, any
other comparable body or authority constituted under any law relating to the
local governments or local authorities.]
[9][(2) Words
and expressions used in this Act but not herein defined, shall have
the meanings respectively assigned to them in the Code of Civil Procedure,
1908.]
[10][3. Establishment of
Family Courts.– (1)
Government shall establish one or more Family Courts in each District or at
such other place or places as it may deem necessary and appoint a Judge for
each of such Court:
Provided
that at least one Family Court in each District, shall be presided over by a
woman Judge to be appointed within a period of six months or within such period
as the [11][Government may extend].
(2) A
woman Judge may be appointed for more than one District and in such cases the
woman Judge may sit for the disposal of cases at such place or places in either
District, as the [12][*] Government may specify.
(3) Government
shall, in consultation with the High Court, appoint as many woman Judges as may
be necessary for the purposes of sub-section (1).]
[13][4. Qualifications of
Judge.– No
person shall be appointed as a Judge of a Family Court unless he is or has been [14][or is
qualified to be appointed as] a District Judge, an Additional District Judge,[15][a Civil
Judge or a Qazi appointed under the Dastur-ul-Amal Diwani, Riasat Kalat].
5. Jurisdiction.– [16][1] Subject to the 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 [17][Part I of the Schedule].
[18][(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.]
[19][(3)
The Government may amend the Schedule through addition, deletion or
substitution of any entry in the Schedule.]
6. Place
of sittings.– Subject
to any general or special orders of Government in this behalf a Family Court
shall hold its sittings at such place or places within [20][the District or area for which it is
established] as may be specified by the District Judge.
7. Institution
of suits.– (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 [21][material] facts relating to the dispute
and shall contain a Schedule giving the number of witnesses intended to be
produced in support of the plaint, the names and addresses of the witnesses and
brief summary of the facts to which they would depose:
[22][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:]
Provided [23][further] that
parties may, with the permission of the Court, call any witness at any later
stage, if the Court considers such evidence expedient in the interest of
justice.
[24][(3) (i) Where a
plaintiff sues or relies 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 filed with the plaint.
(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 [25][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 sub-section (3), as there
are defendants in the suit, for service upon the defendants.
[26][8.
Intimation to defendant.– (1) When a
plaint is presented to a Family Court, it shall:
(a) fix
a date which shall not be more than fifteen days for the appearance of the
defendant;
(b) within
two days of the presentation of the plaint, sent a notice or summons of the
suit to a defendant through a process serving agency of the Family Court,
registered post acknowledgment due, electronically or through courier, together
with a copy of the plaint, a copy of the schedule referred to in subsection (2)
of section 7 and copies of the documents and a list of documents referred to in
subsection (3) of section 7; and
(c) direct that
the notice or summons issued under clause (b) also be served through affixation
and shall simultaneously issue a proclamation in a newspaper.
(2) While
issuing the notice or summons to a defendant, the Family Court shall require
the defendant to submit a written statement on the day mentioned in the notice
or summons.]
[27][9. Written
statement.– [28][(1)
On the date fixed under section 8, the defendant shall appear before the Family
Court and file the written statement, a list of witnesses and gist of evidence,
and in case the written statement is not filed on that date, the Family Court
may, for any sufficient reasons which prevented the defendant from submitting
the written statement, allow the defendant to submit the written statement and
other documents on the next date which shall not exceed fifteen days from that
date.]
[29][(la) 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 defendant 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 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[30][giving reasons of relevancy of these
documents to the defence in the written statement].
(4) Copies
of the written statement, list of witnesses and precis 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 is 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
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 heared 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 notices 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.
[31][(5A) If the
defendant fails to submit the written statement on or before the date under
subsection (1), the defence of the defendant shall stand struck off and the
Family Court shall decide the case under the law.]
(6) In
any case in which a decree is passed ex parte against a
defendant under this Act, he may apply within [32][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, and on such terms as to costs 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 defendants also.]
[33][(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
proceedings.– [34][(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 precis of evidence and documents filed by the parties and
shall also, if it so deems fit, hear the parties and their counsel.
[35][(3)
The Family Court may, at the pre-trial stage, ascertain the precise points of
controversy between the parties and attempt to effect compromise between the
parties.]
[36][(4)
Subject to subsection (5), if compromise is not possible between the parties,
the Family Court may, if necessary, frame precise points of controversy and
record evidence of the parties.]
[37][(5)
In a suit for dissolution of marriage, if reconciliation fails, the Family
Court shall immediately pass a decree for dissolution of marriage and, in case
of dissolution of marriage through khula, may direct the wife to surrender
up to fifty percent of her deferred dower or up to twenty-five percent of her
admitted prompt dower to the husband.]
[38][(6)
Subject to subsection (5), in the decree for dissolution of marriage, the
Family Court shall direct the husband to pay whole or part of the outstanding
deferred dower to the wife.]
11. Recording
of evidence.– (1)
On the date fixed for [39][recording of the evidence] the Family
Court shall examine the witnesses produced by the parties in such order as it
deems fit.
[40][(1A) The
Family Court shall record or cause to be recorded, the substance of the
statement of a witness or may record or cause to be recorded, the statement of
a witness through audio or video recording.]
(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 or practicable for such party to produce the
witness.
[41][(3) The
witnesses shall give their evidence in their own words:
Provided
that the parties or their counsel may further examine, cross-examine or
re-examine the witnesses:
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 needlessly offensive in form.]
[42][(3A) The
Family Court may, if it so deems fit, put any question to any witness for 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
that if the Court deems fit it may call such witness for the purpose of 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 [43][within a
period not exceeding fifteen days].
(2) If
such compromise or reconciliation is not possible, the Family Court shall
announce its judgement and give a decree.
[44][12A. Cases to be
disposed of within a specified period.– The 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. Enforcement
of 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 the Family
Court, in satisfaction of the decree, it shall enter the fact of payment [45][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 time specified by the Court [46][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. Appeals.– [47][(1) Notwithstanding anything provided in
any other law for the time being in force, a decision given or a 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 a 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 passed by Family Court–
(a) for
dissolution of marriage, except in the case of dissolution for reasons
specified in clause (a) of item (viii) of section 2 of the
Dissolution of Muslim Marriages Act, 1939;
(b) for dower [48][or dowry]
not exceeding rupees [49][one hundred thousand];
(c) for maintenance
of rupees [50][five thousand] or less per month.
[51][(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 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–
(a) no person
who is exempt 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;
(b) a Family
Court may refuse to summon a witness or to enforce a summons already issued
against a witness when, in the opinion of the 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, the Family Court may take cognizance of such disobedience,
and after giving such opportunity to explain, sentence him to a fine [52][of five
thousand] rupees.
16. Contempt
of Family Courts.– A
person shall be guilty of contempt of the Family Court if he without lawful
excuse–
(a) offers any
insult to the Family Court; or
(b) causes an
interruption in the work of the Family Court; or
[53][(bb)
misbehaves with any person in the Court premises or uses abusive language;
threats or uses physical force or intimidates in any form; or]
(c) refuses to
answer any question put by the Family Court, which he is bound to answer; or
(d) 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 [54][two thousand].
17. Provisions
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 [55][Qanun-e-Shahadat,
1984 (P.O. No. 10 of 1984)], and the Code of Civil Procedure, 1908, [56][except
sections 10 and 11,] shall not apply to proceedings before any Family Court [57][in respect
of Part I of Schedule].
(2) Sections
8 to 11 of the Oaths Act, 1872, shall apply to all proceedings before the
Family Courts.
[58][17A.
Suit for maintenance.– (1) In
a suit for maintenance, the Family Court shall, on the date of the first
appearance of the defendant, fix interim monthly maintenance for wife or a
child and if the defendant fails to pay the maintenance by fourteen day of each
month, the defence of the defendant shall stand struck off and the Family Court
shall decree the suit for maintenance on the basis of averments in the plaint
and other supporting documents on record of the case.
(2) In
a decree for maintenance, the Family Court may:
(a) fix
an amount of maintenance higher than the amount prayed for in the plaint due to
afflux of time or any other relevant circumstances; and
(b) prescribe the
annual increase in the maintenance.
(3) If
the Family Court does not prescribe the annual increase in the maintenance, the
maintenance fixed by the Court shall automatically stand increased at the rate
of ten percent each year.
(4)
For purposes of fixing the maintenance, the Family Court may summon the
relevant documentary evidence from any organization, body or authority to
determine the estate and resources of the defendant.]
[59][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,-
(a) examine any
person;
(b) make a
local investigation; and
(c) 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 pardah nashin lady, the Family
Court may permit her to be represented by a duly authorised agent.
[60][19. Court fee.– 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.]
[61][20.
Family Court as Judicial Magistrate.– (1)
A Family Court shall be deemed as the Judicial Magistrate of the first
class under the Code of Criminal Procedure, 1898 (V of 1898) for taking cognizance
and trial of any offence under this Act; the Muslim Family Laws Ordinance, 1961 (VIII
of 1961); and, the Child Marriage Restraint Act, 1929 (XIX of 1929).
(2)
A Family Court shall conduct the trial of an offence under subsection (1) in
accordance with the provisions of Chapter XXII of the Code of
Criminal Procedure, 1898 (V of 1898) relating to the summary trials.
(3)
An offence other than contempt of a Family
Court shall be cognizable on the complaint of the Union Council, Arbitration
Council or the aggrieved party.]
[62][21. Provisions
of Muslim Family Laws Ordinance, 1961 not affected.– Nothing
in this Act shall be deemed to affect any of the provisions of Muslims Family
Laws Ordinance, 1961, or the rules made thereunder.]
[63][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.]
[64][21B. Intimation
to Arbitration Council.– If a Family Court decrees dissolution of a
Muslim marriage, the Family Court shall immediately but not later than
three days from the decree send by registered post or other means a certified
copy of the decree to the concerned Chairman of the Arbitration Council and
upon receipt of the decree, the Chairman shall proceed as if he had received
intimation of Talaqunder the Muslim Family Laws Ordinance, 1961 (VIII
of 1961).]
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 pending before, a Chairman
or an Arbitration Council.
23. Validity
of marriages registered under the Muslim Family Laws Ordinance, 1961, not to be
questioned by Family Courts.– A Family Court
shall not question the validity of any marriage registered in accordance with
the provisions of the Muslim Family Laws Ordinance, 1961, nor shall any
evidence in regard thereto be admissible before such 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
Law after the coming into force of 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 fact in writing
to the Union Council for the area where the marriage was solemnized.
25. Family
Court deemed to be a District Court for 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.
[65][25A. 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 proceeding 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 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.
[66][(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 disposed 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 or 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.]
[67][25B. 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 [68][:] ]
[69][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]
1. Dissolution
of marriage [71][including Khula].
2. Dower.
3. Maintenance.
4. Restitution
of conjugal rights.
5. Custody
of children [72][and the visitation rights of parents to
meet them].
6. Guardianship.
[73][7. Jactitation
of marriage.]
[75][9. The
personal property and belongings of a wife and a child living with his mother.
10. Any
other matter arising out of the Nikahnama.]
Offences and aid and
abetment thereof under Section 337A (i), 337F (i),341, 342, 343, 344, 345, 346,
352 and 509 of the Pakistan Penal Code (Act XLV of l860)]
[1]For statement of objects
and reasons see Gazette of West Pakistan (Extraordinary),
dated 6th April, 1964, pages 1153-P to 1155-W.
This
Act was passed by the West Pakistan Assembly on 30th June, 1964; assented to by
the Governor of West Pakistan on 14th July, 1964; and, published in the West
Pakistan Gazette (Extraordinary), dated 18th July, 1964, pages 2427-34.
[2]The words “West Pakistan”
omitted by the Family Court (Amendment) Act, 1996 (Federal Act X of 1996).
[3]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for the following:
“(2) It extends to the whole of [Pakistan].”
The word “Pakistan” was
earlier substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of
1975), for “the Province of West Pakistan except the Tribal
Areas”.
[4]Added by the West
Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
[5]Section 2 re-numbered as
sub-section (1) of that section by the West Pakistan Family Courts (Amendment)
Ordinance, 1966 (X of 1966).
[6]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for the following:
“(c) “Government means [the Provincial
Government].”
The words “the Provincial
Government” were earlier substituted by the Federal Adaptation of Laws Order,
1975 (P.O. 4 of 1975), for “the
Government of West Pakistan”.
[7]Substituted for the
full-stop by the Family Courts (Amendment) Act 2015 (XI of 2015).
[8]Inserted by the Family
Courts (Amendment) Act 2015 (XI of 2015).
[9]New sub-section (2) added
by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
[10]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).
[11]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for “Federal Government may, on the
request of Provincial Government, extend”.
[12]The word “Provincial”
omitted by the Family Courts (Amendment) Act 2015 (XI of 2015).
[13]Substituted by the West
Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
[14]Inserted by the West
Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).
[15]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for “a Civil
Judge”.
[16]Section 5 re-numbered as
sub-section (1) by the Family Courts (Amendment) Ordinance 2002 (LV of
2002).
[17]Substituted for “the
Schedule” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[18]New sub-section (2) added
by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[19]The following sub-section
(3) was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002)
and substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):
“(3) The High Court may, with the approval of
the Government, amend the Schedule so as to alter, delete or add any entry
thereto.”
[20]Substituted
by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of
1966), for “the Districts”.
[21]Inserted by the West Pakistan Family Courts
(Amendment) Ordinance, 1966 (X of 1966).
[22]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[23]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[24]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
[25]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[26]The following section 8,
having been previously substituted by the West Pakistan Family Courts
(Amendment) Act, 1969 (I of 1969), and successively been amended by various
enactments, was substituted by the Family Courts (Amendment) Act 2015 (XI of
2015):
“8. Intimation to
defendants.– (1)
When 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 to each defendant, by
registered post, acknowledgment 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 and a
list of documents referred to in sub-section (3) of the said section].
(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)
* * ** * * *]
(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 such summons shall
be assessed and paid as for summons issued under the Code of Civil Procedure,
1908.
Explanation– [* * * *]”
[27]Substituted by the West
Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
[28]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for the following:
“(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 precis of
the evidence that each witness is expected to give.”
[29]New subsections (1a) and
(1b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of
2002).
[30]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[31]Inserted by the Family
Courts (Amendment) Act 2015 (XI of 2015).
[32]Substituted for the words
“reasonable time of the passing thereof” by the Family Courts (Amendment)
Ordinance 2002 (LV of 2002).
[33]New sub-sections (7) and
(8) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[34]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
[35]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for the following:
“(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.”
[36]Substituted by the Family
Courts (Amendment) Act 2015 (XI of 2015) for the following:
“(4) If no
compromise or reconciliation is possible the Court shall frame the issues in
the case and fix a date for recording of 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 theHaq Mehr received by the wife in consideration of
marriage at the time of marriage.”
[37]New sub-section (5)
inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
[38]New sub-section (6)
inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
[39]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for “the hearing
of the evidence”.
[40]New sub-section (1A)
inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
[41]Substituted by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
[42]Added by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
[43]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[44]The following section 12A
was added by the Family Courts (Amendment) Act, 1996 (Federal Act X of 1996)
and substituted by the Family Courts (Amendment) Ordinance 2002 (LV of
2002):
“12A. Certain
cases to be disposed of within a specified period.– Notwithstanding
anything contained hereinbefore, a suit for dissolution of marriage shall
finally be disposed of within a period of four months from its institution:
Provided
that where an appeal lies against the dissolution of marriage, such appeal
shall be disposed of within four months.”
[45]Substituted,
for the word “and”, by the West Pakistan Family Courts (Amendment) Ordinance,
1966 (X of 1966).
[46]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[47]Substituted by the West Pakistan Family Courts
(Amendment) Ordinance, 1966 (X of 1966).
[48]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[49]Substituted previously by
the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for “fifteen
thousand” and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for
“thirty thousand”.
[50]Substituted previously by
the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for “five
hundred” and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for
“one thousand”.
[51]New sub-sections (3) and
(4) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[52]Substituted for “not
exceeding one thousand” by the Family Courts (Amendment) Act 2015 (XI of 2015).
[53]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[54]Substituted for the word
“two hundred” by the Family Courts (Amendment) Ordinance 2002 (LV of
2002).
[55]Substituted for “Evidence
Act, 1872” by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[56]Inserted by the West
Pakistan Family Courts (Amendment) Act, 1967 (XV of 1967).
[57]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[58]The following new section
17A was inserted by the Family Courts (Amendment) Ordinance 2002 (LV of
2002) and substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):
“17A. Interim order for
maintenance.– At
any stage of proceedings in a suit for maintenance, the Family Court
may pass an interim order for maintenance, whereunder the payment
shall be made by the fourteenth of each month, failing which the Court may
strike off the defence of the defendant and decree the suit.”
[59]New section added by the
Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[60]Substituted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002) for the following:
“19. Court fees.– Notwithstanding
anything to the contrary contained in the Court Fees Act, 1872, the court fees
to be paid on any plaint filed before a Family Court shall be rupee [fifteen]
for any kind of suit.”
The word in crotchets was
earlier substituted by the Punjab Finance Act, 1973 (XIV of 1973), for
“one”.
[61] Section 20
substituted by the Family Courts (Amendment) Act 2015 (XI of 2015).
At the time of first
substitution by the Family Courts (Amendment) Ordinance 2002 (LV of 2002),
the original section 20 read as under:
“20. Investment of
powers of Magistrates on Judges.– Government may invest any Judge of a
Family Court with powers of Magistrate First Class to [make order for
maintenance] under section 488 of the Code of Criminal Procedure, 1898.”
[Note: The words in
crotchets had been substituted by the Punjab Finance Act, 1973 (XIV of
1973), for “to hear the case”.]
After substitution by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002), section 20 read as under:
“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).”
[62]Substituted by the West
Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
[63]New section inserted by the
Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[64]New section inserted by the
Family Courts (Amendment) Act 2015 (XI of 2015).
[65]Added by the West Pakistan
Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
[66]New sub-sections (2a) and
(2b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of
2002).
[67]Added by the West Pakistan
Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
[68]Substituted for the
full-stop by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
[69]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[70]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[71]Inserted by the Family
Courts (Amendment) Ordinance 2002 (LV of 2002).
[72]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
[73]Added by the West
Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
[74]Added by the Family Courts
(Amendment) Act, 1997 (Federal Act VII of 1997).
Note: This
amendment shall not effect pending cases (section 3 ibid).
[75]The following new entry 9
was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and
substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):
“9. Personal property and
belongings of a wife.”
[76]Added by the Family Courts
(Amendment) Ordinance 2002 (LV of 2002).
