P L D 1970 Karachi 293 (PLP)

2. The second objection is not accepted as correct by counsel. He relies on subsection (1) of section 14 of the West Pakistan Family Courts Act in support of his contention that every decision given by a District Judge or an Additional District Judge in his capacity of a Family Court is appealable under this provision. Counsel says that the provision is that "a decision or a decree passed by a Family Court shall be appeal able 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 that rank. In this case, counsel says that, the suit was originally decided by Mr. Dhani Bux, II Civil Judge, First ,Class, Karachi who granted a decree for conjugal rights subject to payment of dower money. The plaintiff who is the present appellant went in First Appeal to the 4th Additional District Judge, Karachi, who dismissed it as mentioned above vide his order dated the 17th of January 1969. Now, he, purports to come to this Court in Second Appeal in terms of subsection (I) of section 14 of the West Pakistan Family Courts Act.

3. It is true that the decision given by a Family Court may be given after trying the suit as a Court of first instance or after hearing it in appeal as an Appellate Court, but sub section (1) of section 14 deals with First Appeals only. According to it there is an appeal from a decision or decree given by Family Court to the District Judge but when the Family Court is presided over by a District Judge or an Additional District Judge or an officer of equal rank then it is to be heard by the High Court. Subsection (1) is as follows "(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." The context leaves no doubt that the words "decision" and "decree" used in the above subsection refer to the original decision or decree given by a Court of First instance and nor by an Appellate Court. The purpose of the statute is to shorten the proceedings ; therefore, no Second Appeal or Revision has been provided. Subsection (1) of section 14 makes a provision for appeals which axe obviously first appeals, and subsection (2) of this section lays restrictions even in that respect. Sub section (2) is as follows: "(2) No appeal shall lie from a decree passed by Family Court: (a) for dissolution of marriage, except in the case of dis solution for reason3 specified in clause (a) of the item (viii) of section 2 of the Dissolution of Muslim Marriages Act, 1939; (b) For dower not exceeding rupees one thousand ; (c) For maintenance of rupees twenty‑five or less per month." It will not be correct to interpret subsection (1) of section 14 in such a manner as to provide first appeals as well as second appeals at random, without the use of such language as to distinguish between the two. By way of analogy see section 96 of the Civil Procedure Code which provides for appeals from the original decrees and section 100 of the C.P. C. which provides separately for appeals from Appellate decrees. The language draws' suitable distinction between first and second appeals. One anomaly which will arise from interpreting clause (a) o subsection (1) of section 14 to include second appeals will b that there will be two appeals in those cases which may be decided by Family Courts presided over by other officers than District Judges or Additional District Judges and other officers of that rank and only one appeal from those Family Courts which will be presided over by District Judges, Additional District Judges and Officers of that rank.

4. To my mind there is no justification for coming to the conclusion that clause (a) of subsection (1) of section 14 of the West Pakistan Family Courts Act, makes a provision for Second Appeals.

5. The appeal is dismissed in limine as not maintainable. A. E. Appeal dismissed in limine.