Family Laws 1961

                           Family Laws Ordinance, 1961

Rules 8,9, 10
Qanoon e Shahdat Art. 85 & 87

-    Certified copy of Nikahnama – admissibility – Nikah Registrar is “public officer”. Nikah Nama is a public document – certified copy can be relied upon unless rebutted.
Razia Begum  Vs.  Jang Baz
2012 CLC 105 Lah.
Rel: 1994 SCMR 1978

WEST PAKISTAN FAMILY COURTS ACT
(XXXV OF 1964)

Section 5

-    Concurrent finding that welfare lies as in custody with mother-mother not remarried – immorality not proved. Insufficient means contains no force as father responsible to maintain wherever they live.
PLD 1995 LAH 91
Section 7(2)

-    Whether second proviso to Sect. 7(2) of W.P. Family Courts Act, 1964 had overriding effect on Sect. 9(1) of Guardian & Wards Act, 1890 even in the matter of custody of minor where question of territorial jurisdiction was involved.
-    Family Court has exclusive jurisdiction U/S 5 including the custody and guardianship matters. See W.P. Family Court Rules, 1965 Rule-6.
Major Khalid Karim  Vs.  Saadia Yaqub
PLD 2012 S.C. 66

Section 19

-    Decree for maintenance- memo of appeal decree being for less than Rs.25000/- no court fee –no memo of appeal.
1995 SCMR 1720

-    Parties either both or one of them neither citizen of Pakistan nor did their marriage was solemnized in Pakistan – while determining question of jurisdiction of Court in Pakistan, question of citizenship or nationality of parties would not be relevant. According to Sect. 83 C.P.C. even an alien… could sue in Pakistan. Residence of one party or accrual of cause of action wholly or in part within local limits of a Family Court in Pakistan would give the Court jurisdiction to entertain such suit.
Muhammad Ramzan  v.  Uzma Bibi
2012 CLC 24 Lah.
Section 19

-    Decree for maintenance-memo of appeal decree being for less than Rs.25000/- no court fee------ on memo of appeal.
1995 SCMR 1720

Sect. 5, Sect. 10(4)

-    “Dower” could not be stretched to include bridal gifts etc. other than the dower could not be treated as synonymous. Such gifts are in addition to and not in lieu of dower.
Shakeel Maqsood Khan    Vs.    Rizwana Khanum
PLD 2012 Lah. 43.

W.P FAMILY COURTS RULES 1965

R.7 (1) - Guardian & Wards Act sec.25

-    Jurisdiction to hear guardianship cases –sect .5 gives exclusive jurisdiction to Family Courts.
PLD1995 LAH 91

GUARDIAN & WARDS ACT, 1895

The question of jurisdiction, whether to be decided under Guardian & Wards Act or West Pakistan Family Courts Act (XXXV Of 1964) and Rules of 1965 thereto.
Muhammad Khalid Karim  Vs.  Saadia Yaqub
PLD 2012 S.C 66
Anne Zahra  Vs.  Tahir Ali Khilji
2001 SCMR 2000 distinguished

Sec.12 &25 read with sec.491 Cr.P.C

-    Jurisdiction of criminal court u/s 491 Cr.P.C. is not ousted on account of provisions of section 12, 25 of Guardian & Wards Act. Criminal court have jurisdiction where custody has been illegally removed from lawful custody.

PLD 1995 SC 633
1988 SCMR 1891
PLD 1969 SC 187

Preamble:    It is a special law/Act for special class of people i.e. husband and wife and children in case of their maintenance & custody.

Sect. 17    Expeditious disposal of family matters in shortest possible time – Even provisions of Evidence Act were made not applicable.

Farzana Rasool        Vs.        Dr. Muhammad Bashir
PLD 2012 S.C.1.