THE WEST PAKISTAN FAMILY COURTS ACT, 1964. 

(WEST PAKISTAN ACT NO. XXXV OF 1964.)

                                                                                             [18^th July, 1964.] 

CONTENTS

PREAMBLE

SECTIONS

1.         Short title, extent and commencement.

2.         Definitions.

3.         Establishment of family courts.

4.         Qualifications of Judges.

5.         Jurisdiction.

6.         Place of sitting.

7.         Institution of suits.

8.         Intimation of defendants.

 [1][9.   Written statement.]

10.     Pre-trial proceedings.

11.     Recording of evidence.

12.     Conclusion of trial.

13.     Enforcement of decrees.

14.     Appeal.

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.

18.     Appearance through agent.

19.     Court fees.

20.     Investment powers of Magistrates or of Judges.

21.     Provisions of Muslim Family Laws Ordinance to be applicable.

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.

26.     Power to make Rules.

       Schedule.

THE WEST PAKISTAN FAMILY COURTS ACT, 1964. 

(WEST PAKISTAN ACT NO. XXXV OF 1964.)

                                                                                             [18^th July, 1964.] 

AN 
ACT
           
to make provision for the establishment of Family Courts.

            It is hereby enacted as follows:—

            (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.

            [3][(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.]

(a)      “Arbitration Council” and “Chairman” shall, have the meaning 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 [5][Provincial Government].

(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.

            [6][(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.]

            (2) The plaint shall contain all [11][material] facts relating to the dispute and shall contain a Schedule given the number of witnesses intended to be produced in support of the plaint, the names and address of the witnesses and brief summary of the facts to which they would depose:- 

            Provided 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. 

            [12][(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]. 

            (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.

(a)      may fix a date ordinarily of not more than thirty days for the appearance of the defendant;

(b)      shall issue summon 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, a notice of the suit together with a copy of the plaint, a copy of the schedule referred to in subsection 2 of section 7 and copies of documents and a list of documents referred to in sub section 3 of the said section; and

(ii)      to the Chairman of the Union Council with in 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 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, and copies of the schedule referred to in sub-section (2) of section 7, and a copy of the documents and list of document 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 (l) 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 expenses of the plaintiff. The postal charges of 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, 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—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).

            (2) Where a defendant relies upon a document in his possession or power, he shall produce it or a copy there of in the Court along with the written statement.

            (3) Where he relies on any other documents, 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.

            (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 the defendant at or before such bearing appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Family Court direct, 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 notices and summons 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 the defendant under this Act, he may apply within reasonable time of the passing there of 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 fit aside against all or any of the other defendants also].

            (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.

            (3) At the pre-trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or re conciliation 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 a date for [16][recording] of evidence.

            (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. 

            [18][(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]. 

            [19][3-A. 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 consider 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).

            (2) If such compromise or reconciliation is not possible, the Family Court shall announce its judgment and give a decree.

            (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 [20][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, 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 lit, direct that money to be paid under a decree passed by it be paid in such installments as it deems fit.

(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 not exceeding rupees one thousand;

(c)       for maintenance of rupees twenty-five or less per month.

            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 not exceeding one hundred rupees.

(a)      offers any insult to the Family Court; or 

(b)      causes an interruption in the work of the Family Court; 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 two hundred.

            (2) Sections 8 to 11 of the Oaths Act, 1892 shall apply to all proceedings before the Family Courts.

            (2) Where 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 [24][given] under the said Ordinance.

            (3) Notwithstanding anything to the contrary contained in any other Law, a decree for dissolution of marriage solemnized under the Muslim Law shall.— 

(a)      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 

(b)      be of no effect if within the period specified in clause (a) a reconciliation has been effected between the parties in accordance with the provisions of the Muslim Family Laws Ordinance, 1961.

            (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 Court.

                                               SCHEDULE.

                                               (See Section 5)

1.         Dissolution of marriage.

2.         Dower.

3.         Maintenance.

4.         Restitution of conjugal rights.

5.         Custody of children.

6.         Guardianship.

[25][7.     Jactitation of marriage.]