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Family laws. procedure of trial of Family courts.
LECTURE ON FAMILY LAW/ PROCEDURE OF WEST PAKISTAN FAMILY COURT ACT 1964.
Presented By: Muhammad Islam CH. Spirit of Family law:-
Expeditious settlement and disposal of disputes relating to marriage and family matters.
Exclusive Jurisdiction Sec.5 - First
schedule part 1:-
Dower. Maintenance. Restitution of conjugal rights Custody of children ( and the visitation rights of parents to meet them). Guardianship. Jactitation of marriage
Dowry
Personal property and belongings of a wife.
Amendment 2015:-
Exclusive jurisdiction has also been extended
regarding following two matters:-
The personal property and belongings of a wife and a child living with his mother.
Any other matter arising out of the Nikahnama.
Institution of suit:-Sec.7:
Documents annexed with the plaint:-
Schedule of witnesses (while mentioning the
name and addresses)
Brief summary
Documents
List of reliance (giving reasons of relevancy)
-As many as duplicate copies of plaint (including every thing) as there are defendant.
After receiving the plaint first date of hearing shall not be fixed more than 15 days for the appearance of defendant.
( before amendment, may fix a date ordinarily not more than thirty days)
Section 8(1)(b): Defendant shall simultaneously be
summoned through:
A process serving agency .
Registered post acknowledgment due.
Electronically or through courier .
While issuing the notice or summons to a defendant, the Family Court shall require the defendant to submit a written statement on the date mentioned in the notice or summons.
Sec. 9(1)a
Defendant shall appear and file the written statement.
If defendant remained fail submit written statement on the first date:-
Defendant has to give sufficient reason for non submission of written statement on first date then, Court shall fix the date (not exceed 15 days)
If defendant fails to submit written statement on the date fixed?
Defense of defendant shall stands struck off.
Fixation of interim maintenance sec.17A
Family court shall fix maintenance of wife or child
On the first appearance of the defendant.
Consequences in case of non payment:-
Defense of the defendant shall stand struck off.
Shall decree the suit for maintenance.
Sec.10
Pre-trial proceedings:-
In case of Khula , husband was entitled for restoration of paid dower.
Failure of Pre-trial reconciliation
Sec.10(5)
In case of dissolution of marriage through Khula:
Court may direct wife to surrender 25 percent of prompt dower.
Fifty percent of deferred dower .
HOWEVER , now after the judgment of FEDERAL SHAHRIAT COURT in case titled Imran Anwer Khan VS Govt, of Pumjab dated february 2022
Court may record evidence through audio or video recording.
Sec 17A (2) a:-

Fixation of amount of maintenance higher than the amount prayed.
Annual increase Sec 17A (3) :-
If Family Court does not prescribe the annual increase, the maintenance fixed by the Family Court shall automatically increase at the rate of Rs.10% per year.
For the purpose of fixing the maintenance allowance, the Family Court may summon the relevant documentary evidence from any organization, body or authority to determine the resources of the defendant .
If it is proved that proper service has been affected, then exparte proceeding,.
Remedy:- Application for setting aside.
Exparte Decree Sec. 9(6):_
Thirty days of the service of notice Under sec. 9(7).
Sending Of Exparte Decree To The Defendant:-
Section 9(7):- (Amendment 2002).
The notice of the exparte decree 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,


Sec 21-B. (amendment 2015):-
In case of decree of dissolution of marriage.
The family court shall immediately but not latter than three(3) days from the decree send a certified copy to the concerned chairman of the Arbitration council.(prior amendment was seven days)
Through registered post or other means.
West Pakistan Family Court Act 1964. Complete Family Laws in Pakistan Step by step. Mualim Family Law Ordinance 1961. Dissolution of Muslim Marriage Act 1934. Polygamy. Deferred dower. prompt dower. Introduction to Family Law
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