Family Court

Suit for recovery of maintenance allowance falls within the residuary Art.120 of the Limitation Act, 1908, providing six years limitation.

Family Court so established under S. 3 of Family Courts Act, 1964 has been conferred clear mandate for expeditious settlement and disposal of family disputes and related matters as per its Preamble.

Held, that when the Legislature had specifically prohibited the filing of an appeal against an interim order, constitutional petition, if perpetuated, would tantamount to defeating/diverting the intent of the Legislature

Principle of judicial review could not be used to negate/erase/offend the manifest intent of the law-maker.

Father contended that matter in issue was resolved before Arbitration Council and mother of minors having not availed the remedy against such order, order of the Chairman Arbitration Council had attained finality

Validity

Section 9 of Muslim Family Laws Ordinance, 1961 stipulated that the same would come into play on failure of husband to maintain his wife adequately or where there were more wives than one and husband failed to maintain them equitably, the wife, or all or any of the wives could, in addition to seeking any other legal remedy available, apply to the Chairman who would constitute an Arbitration Council to determine the matter and Arbitration Council, in pursuance thereof, could issue a certificate specifying the amount which would be paid as maintenance by the husband

Subsection (1-A) of S.9 of Muslim Family Laws Ordinance, 1961 authorised the mother or grandmother of the minor children to seek the same remedy

So remedy available under S.9 of Muslim Family Laws Ordinance, 1961 neither imposed any embargo on institution of suit as was the present one nor any clog on the powers of the Family Court to proceed with such suit

Proceedings instituted in terms of S.9 of the Muslim Family Laws Ordinance, 1961 could not erode the suit instituted before the Family Court under the provisions of the Family Courts Act, 1964

No illegality or material irregularity having been noticed in the judgment/order, constitutional petition was dismissed in limine.

Family Court alone had exclusive jurisdiction to deal with all the matrimonial disputes, whatever their nature, irrespective of territorial jurisdiction, provided that the Family Court where the wife resides shall have the jurisdiction to entertain such suits/claims

Provisions of Ss.16 to 20, C.P.C. stood excluded from the proceedings before the Family Court, thus, the question of its territorial jurisdiction would never arise, provided that the Family Court where the wife resides, shall have the exclusive jurisdiction over all such matters.

Section 17 of the Family Courts Act, 1964 specifically states that the provisions of Civil Procedure Code, 1908 are not applicable to the proceedings before Family Court

Family Court has been absolved from the procedural rigors provided under the Civil Procedure Code, 1908

Section 17 of the Family Courts Act, 1964 has exempted all the provisions of the Civil Procedure Code, 1908 from their applicability to the proceedings before Family Court except its Ss. 10 & 11.

Section 13(3) of the West Pakistan Family Courts Act, 1964, empowered the Family Court to execute its own decree for payment of money by adopting modes provided for recovery of arrears of land revenue

West Pakistan Land Revenue Act, 1967, provided various modes of recovery of arrears of land revenue and one of the modes provided was selling the immovable property of the defaulter.

Technical trappings of execution of decree provided in the Civil Procedure Code, 1908, were excluded from application before the Family Court in execution of a decree for maintenance.

Word "shall" used in every provision of West Pakistan Family Courts Act, 1964 gives a sense of urgency by doing away with the normal procedure of handling civil litigation

Law makers have emphasized on an early disposal of disputes between husband and wife

West Pakistan Family Courts Act, 1964 has been designed for speedy settlement of family disputes to save not only parties from delay in disposal of their issues but to control the damage to society which is natural on disintegration of families.