The Family Courts (Amendment)

Ordinance 2001
Report No. 33
The Family Courts (Amendment) Ordinance 2001
ntroduction
Realising the hardships faced by litigant parties in adjudication of matrimonial disputes
in the civil courts, the Government of Pakistan, in 1955, constituted a Commission on
arriage and !amily "a#s, headed by $ustice ian %bdul Rashid, former Chief $ustice
of Pakistan& 'he Commission #as assigned the task of revie#ing the e(isting la#s
governing marriage, divorce, maintenance and other ancillary matters among uslims
to see as to #hether any modification thereof is re)uired in order to give #omen their
proper place in the society according to the fundamentals of *slam& 'he Commission
submitted its report to the Government on 11 $une 195+, suggesting therein, inter alia,
the establishment and procedure of special courts for e(peditious disposal of suits
relating to family la#s& 'he Commission rationali,ed, as follo#s, its recommendation for
establishing special courts follo#ing special procedure for resolving family disputes-
'here is a consensus of opinion that the comple(ity of our Procedural "a#s
prevents a large number of citi,ens, especially #omen, from claiming their
legitimate rights in courts of la#& .e have adopted /nglish Procedural "a# #ith
its archaic, cumbersome and dilatory methods, and have failed to reali,e that the
/nglish Procedural "a# is entirely unsuitable for our state of society& .e have
completely ignored *slamic, /uropean and %merican achievements in this field,
#ith the result that every civil suit once started, lasts almost for a generation, and
causes enormous #aste of time and money& 'he decree of order obtained by a
successful party often becomes a dead letter #hen e(ecution is taken out, as the
0
procedure for the e(ecution of decrees is so comple( and anti)uated that it
enables a dishonest litigant to prolong proceedings to such an e(tent that the
successful party terminates the process in disgust& *t has often been remarked
that involvement in a civil suit is the greatest misfortune that can befall a human
being short of sickness and death& %t present all cases relating to arriage and
!amily "a#s are tried in civil courts as ordinary civil suits& arried #omen,
orphans, sisters and daughters are generally short of funds& 'he result is that the
1hariat %ct and the 2issolution of uslim arriages %ct have become completely
infructuous, and #omen have gradually reali,ed that it is hopeless for them to
institute civil suits in order to establish and secure their rights& 3o amount of
beneficent legislation in favour of married #omen, #ido#s, orphans, daughters
and sisters is going to be of the least assistance to them if rights secured to them
under such legislation are to be enforced by the ordinary civil courts& *n order to
find an effective remedy for this sorry state of affairs this Commission makes the
follo#ing recommendations-4
516 7ne atrimonial and !amily "a#s Court should be established in each
Commissioner8s 2ivision to deal #ith cases relating to arriage and !amily
"a#s& 'his court should be presided over by an officer of the rank of a 2istrict
and 1ession $udge&
506 *t should be definitely enacted that a atrimonial and !amily "a#s Court
shall not follo# the Civil Procedure Code and the /vidence %ct& 'hese
9
enactments should be entirely scrapped in respect of suits relating to arriage
and !amily "a#s& 'he "egislature should lay do#n a fe# fundamental principles
for the guidance of atrimonial and !amily "a#s Courts, and the remaining
procedure should be regulated by simple rules framed by the :igh Court& 'he
object should be to grant substantial and natural justice to the litigants in
arriage and !amily "a#s Courts and to dispense #ith all technicalities&
;"egislative4 made< procedure leads to an un#ise division of responsibility for the
administration of justice bet#een the legislature and the la# courts& 'he
legislative4made practice and procedure is highly infle(ible and that is the #orst
feature of our Procedural "a#s& 'he advantages of judicial rule4making for the
atrimonial and !amily "a#s Court are obvious& %s soon as the court finds that
certain rules hinder e(peditious disposal, these rules can be modified or
eliminated& /ighteen 1tates in the =nited 1tates of %merica have delegated
complete supervisory rule making po#er to the highest courts of those 1tates& *t
has been provided in the authorisation of rule4making po#ers that the rules of
court shall not make any changes in substantive la#s and rights but shall be
confined merely to Procedural "a#s& 'his provision is sufficient to safeguard the
rights and liberties of the subject&
596 'he ne(t reform that this Commission #ould suggest is that the right of
second appeal and revision should be entirely taken a#ay so far as decision of
atrimonial and !amily "a#s Court are concerned& 2uring the ughal period no
litigant #as allo#ed to prefer more than one appeal from an adverse decision
>
and no remands #ere allo#ed& 7nce a decision #as given at the appellate stage
it #as final and conclusive as bet#een the parties& %s the presiding officer of a
atrimonial and !amily "a#s Court #ould be a person of the rank of a 2istrict
and 1ession $udge, and appeal should lie against his decision directly to the
:igh Court, and the decision of the :igh Court should be final and conclusive&
1uits relating to human relationships must be e(peditiously decided, an it is
infinitely better to take the risk of an erroneous decision in one in a hundred
cases rather than to allo# a hundred suits to drag on indefinitely until the man
and the #oman involved therein are either dead or too old to reap the benefit of
the litigation& %ll human courts are likely to go #rong sometimes, and even if as
many as five appeals are allo#ed in five different forums, the final court of appeal
#ill still be reversing some decisions of the court immediately belo#& !inality of
an appellate judgment at the earliest possible time is conducive to the #elfare of
the subject in a far greater degree than avoidance of a possible mistake in one
out of hundred cases&
5>6 *t should be enacted that every suit in a atrimonial and !amily "a#s
Court shall be decided #ithin a period of three months& 1ome persons #ho are
fully ac)uainted #ith the intricacies of modern Procedural "a# #ould consider
this to be an impossible accomplishment& 'his objective #as, ho#ever, fully
reali,ed in pre4#ar %ustria and litigations #ith even t#o appeals #ere finally
determined #ithin si( months& 1ome indications may be given as to ho# it can
be accomplished -4
5
5a6 .henever a suit is instituted personal service should be effected by
means of a registered letter simultaneously #ith substituted service by
advertisement in the press& 'he despatch of the registered letter by the
court and advertisement in the press shall be taken to be conclusive proof
of the fact that the defendant has been informed of the suit pending
against him&
5b6 'he plaintiff shall be re)uired to submit copies of his entire documentary
evidence and a pr?cis of his oral evidence in typed form #ith the plaint&
'he defendant shall be re)uired to submit a #ritten statement and also
attach there#ith, typed copies of his entire documentary evidence and a
pr?cis of this oral evidence&
5c6 'he judge after studying the record and the evidence of both the parties
should hold a pre4trial hearing #here the entire dispute should be
discussed in an informal manner #ith the parties& /fforts should be made
by the judge to induce both parties to abandon all frivolous and
unnecessary objections& 'hereafter the judge should frame one or t#o
basic and central issues for trial&
5d6 !ormal proof of all documents should be eliminated& *f any party insists on
the production of the original #hen the judge is of the opinion that there is
+
no reason to doubt the authenticity of the copies, the party so insisting
should be burdened #ith heavy costs&
5e6 'he e(amination of the #itnesses, as it is prevalent at the present time, is
done in a most unsatisfactory manner& %fter the court has studied the
#hole case the #itnesses #hose testimony is necessary should be called
as court #itnesses& /veryone should be given a chance to give his
deposition in his o#n #ords #ithout unnecessary interruption& 'he judge
should e(amine the #itnesses and after he had done so regarding the
main facts of the case the la#yers of the parties, if they appear, should be
allo#ed to ask additional )uestions to bring out the facts more clearly&
1ubstance should not be sacrificed to form and an effort should be made
to make the proceedings intelligible to the parties concerned&
5f6 'he suggestions made above should be embodied in the rules framed by
the :igh Court #ith the e(press purpose of e(pediting the disposal of the
cases in atrimonial and !amily "a#s Court& 'he court shall be given
large discretionary po#ers to regulate its o#n procedure to suit the
circumstances of each case& *t must be remembered that e(peditious
disposal does not mean summary disposal, the trials in atrimonial and
!amily "a#s Court #ould be e(peditious but not summary&
@
'he trials in atrimonial and !amily "a#s Courts should be made as cheap as
possible& .e, therefore, propose that no court4fee and other charges shall be
payable in such courts& 3o frivolous or ve(atious litigation is likely to result by
abolishing the court4fee as cases concerned #ith human relationships stand on
an entirely different footing from suits in respect of lands, houses and other
property&
*n cases relating to atrimonial matters, it is suggested that one male and one
female adviser shall be associated #ith the judge& 'he female adviser shall be
chosen by the #ife and the male adviser by husband& 'hese advisers #ill stand
on an entirely different footing from the assessors in session cases& 'he
e(periment of assessors has no doubt been a failure& .e, therefore, do not
recommend the appointment of assessors chosen by the court&
*n order further to reduce the cost of litigation in atrimonial and !amily "a#s
Courts #e recommend that the presiding officer of the court shall hold a session
of the court in each district head)uarters by turn& .e further recommend that the
parties should be allo#ed to be represented by agents or relations and not
necessarily by legal practitioners&
'he orders and decrees of atrimonial and !amily "a#s Courts should not be
e(ecuted in the same manner as orders and decrees of ordinary civil courts& %ll
moneys payable by any party as a result of an order of a atrimonial and !amily
A
"a#s Court shall be reali,able as arrears of "and Revenue& 7bedience to other
orders, shall be enforced by the court by committing the defaulting party to
imprisonment for contempt of court& 1ummary po#ers to punish for contempt of
court should be conferred on the atrimonial and !amily "a#s Courts on the
same basis as they vest in the :igh Courts&
.e do not consider it feasible to recommend that all cases #here a #oman is a
plaintiff shall be cogni,able by the atrimonial and !amily "a#s Court& .e
consider that #omen and men shall be placed on an e)ual footing in this respect&
%ll cases relating to atrimonial and !amily "a#s shall be heard and decided by
special courts as suggested above, irrespective of the se( of the parties&
'he recommendation ho#ever, #as not promptly acted upon& 1ubse)uently, a "a#
Reform Commission #as constituted on 09 3ovember 195A, #hich also e(amined the
issue of creating special courts for disposal of family suits& *ts report called, 1& %&
Rehman "a# Reform Commission Report, #as published in 1959& 'he
recommendations contained therein emphasised upon the need for ine(pensive and
speedy remedy to be made available in suits bet#een spouses& %ccordingly, 'he !amily
Courts 5.&P&6 %ct 19+> #as enacted to adjudicate matters relating to dissolution of
marriage, do#er, maintenance, restitution of conjugal rights, custody of children and
guardianship& 1ubse)uently through an amendment in 19+9 to the said %ct, the subject
of ;jactitation of marriage< #as also added to the 1chedule&
1
"ater on, follo#ing the
recommendations of Pakistan "a# Commission Report 3o 10 on Reform of !amily
1
West Pakistan Act No 1 of 1969
9
"a#s that the subject of ;do#ry< should also be added to the 1chedule of the %ct, the
proposed amendment #as carried through in 199@&
0
3ot#ithstanding the enactment of the !amily Courts %ct, the civil courts #ere authorised
to deal #ith family matters, in addition to e(ercising their general civil jurisdiction& 'hese
courts did not deal e(clusively #ith family matters, as envisaged in the %ct, because of
#hich the objective of e(peditious disposal could not be realised& "ater on, through an
amendment to the said %ct, a period #as fi(ed for the disposal of suits for dissolution of
marriage& 1ection 104%, #as added to the %ct in 199+
9
, #hich fi(ed a period of > months
for the disposal of cases of dissolution of marriage as #ell as appeals in such cases&
3evertheless, the problem of delays persisted&
Besides delays, #hich result in the suffering of litigant spouses and their children, there
still remain some issues and disputes, #hich are not covered by the 1chedule to the
!amily Courts %ct and, therefore, are a source of hardships for the family members&
1uch hardships include non4e(ecution or delayed e(ecution of decrees relating to
maintenance, recovery of do#erCdo#ry, etc& !urthermore, relations bet#een spouses
get deteriorated due to altercation or minor criminal acts e&g& assault, illegal
confinement, criminal intimidation and simple bodily injuries, etc #hich are registered
and tried by ordinary criminal courts&
2
. Act No VII of 1997
3
. Act No X of 1996
1D
%s regards complaints against delays in trial, it may be clarified that follo#ing the
decisionsCdirections of the Chief $ustices8 Committee in its meeting held on 0+ !ebruary
0DDD for )uick disposal of family cases including suits for dissolution of marriage,
maintenance, custody of children, etc a large number of such suits #ere disposed of by
the courts and the situation has considerably eased off& :o#ever, the problems relating
to the restricted jurisdiction of the courts and nonCdelayed e(ecution of decrees still
linger on and re)uire appropriate measures to address the same&
*n this respect, certain 3G7s, operating in the field of #omen and children and earlier
CommissionsCCommittees constituted by the Government, from time to time, suggested
amendments to improve the status of #omen through e(peditious disposal of family
disputes, timely e(ecution of decrees and effective measures to provide for interim
maintenance, pending family suit in the Court& 'he most common recommendations
#ere to the effect-
14 3umber of family court judges be increasedE
04 =nnecessary adjournments be avoidedE
94 'here is an immediate need for empo#ering the !amily Court to grant
interim maintenance to the #ife and childrenE
>4 'he Court should have po#er to restrain the husbandCfather from
disposing of his propertyCassets during the pendency of a family suitE
54 !or easier recovery of do#er, summary proceedings be carried outE
11
+4 'he !amily $udge should be empo#ered to continue the cases of
e(ecution after issuing the decree of maintenance& 3o fresh application
should be re)uired to be filed by the decree holders&
'he Commission on the 1tatus of .omen 19A5 also made certain recommendations,
as under-
516 .hen the husband fails to maintain his #ife ade)uately, #hether living
together or separately, the #ife should be given interim maintenance
immediately on the institution of suit for maintenanceE
506 'he maintenance a#arded by the court to the #ife should be deposited by
the husband in the court #ithin a period not e(ceeding 9D days& *n case of
default, the husband should be liable to confinement of simple
imprisonment for upto + monthsE and
596 Criteria for maintenance of #ife be laid do#n #hich must include food,
clothing, accommodation, medical care, educational e(penses and other
benefits appropriate to the financial status of the family&
1imilarly, the Commission of *n)uiry for .omen 199@ recommended as follo#s-
516 Provision for grant of maintenance to minors till they reach the age of 01
years regardless of #hether they are married or have become financially
independent prior to that timeE and
10
506 Provision for grant of interim relief in favour of maintenance both to #ife
and children if the suit is not decided #ithin si( months&
*t is #orth mentioning that these and similar other issuesCproblems have already been
considered and appropriate recommendations finalised by the Pakistan "a#
Commission 5vide Report 3o 10 of 19906 on the subject& 1ummary of its
recommendations, both statutory and administrative, is as under-
516 *n suits for dissolution of marriage all matters relating to do#er,
maintenance, do#ry and custody of children shall be decided by the court
#ithout filing a separate suit for this purposeE
506 *n case of a suit for dissolution of marriage, #ritten statement shall be
deemed as a plaint for restitution of conjugal rights, and no separate suit
shall lieE
596 .here suit for maintenance is not decided #ithin si( months, the !amily
Court shall pass an interim order in the matter and if maintenance is
allo#ed, it shall be payable by the 1>
th
of each month, failing #hich the suit
shall be decreedE
5>6 %n amendment in the 1chedule of the !amily Court %ct 19+> by insertion
therein of recovery of do#ry or its value in moneyE
19
556 % separate 2ivision should be constituted in each :igh Court to deal
e(clusively #ith appeals in family matters& /ach case to be heard by a
bench consisting of not less than t#o $udges&
5+6 *n each 2istrict, a 2istrict or an %dditional 2istrict $udge be designated as
$udge !amily Court, and in case it is not possible, a Civil $udge !irst Class
be appointed as $udge !amily CourtE
5@6 % uniform Code relating to family matters on the pattern of other uslim
countries be enactedE
5A6 *n subjects of Pakistan 1tudies and *slamic 1tudies at the :igher 1econdary
1chool and College level, topics relating to human rights, especially rights of
#omen and children should be introducedE
596 *nformation on #omen rights and on the forums #here redress can be
sought should be given #ide publicity, utilising the print and electronic
mediaE
51D6 !amily Court $udges must be given training in family la#s at the !ederal
$udicial %cademyE
1>
5116 Courts hearing family cases should be housed at appropriate places #ithin
court premises, keeping in vie# the dignity of #omen litigantsE
5106 !amily la#s should be included in %dult /ducation ProgrammesE
5196 %ll family cases should be decided on priority basis #ithin a ma(imum period
of si( months after their institution in courts, failing #hich an order for
maintenance shall be passed for children andCor #ife involved therein&
1o far as the )uestion of delay in e(ecution and restraining the husband from disposing
of his propertyCassets is concerned, these are, undoubtedly, grave situations hampering
the administration of justice& *t involves a tiresome e(ercise causing untold miseries to
decree holders& 2elays in e(ecution of decrees are an old and common complaint& 'he
Privy Council, as far back as 1A@0, #hile delivering judgment in the aharaja of
2arbhanga8s case, said, ;the difficulties of a litigant in *ndia begin #hen he has obtained
a decree<& 5Fuoted in the Report of the "a# Reform Commission 19+@4@D6&
*t may be stated that the !amily Courts %ct prescribes the procedure for enforcement of
decrees in family suits 5section 196 and the said Court also has the po#er to e(ecute its
o#n decrees& :o#ever, it )uite often happens that the dispute property is disposed of
during the pendency of the suit in the !amily Court and, therefore, by the time the
decree is passed, the property is already alienated and the decree holder is #ithout
remedy&
>
'o avoid alienation of suit property during trial, it is proposed that the !amily
4
. Rule 5, !"e! XXXVIII of t#e $P$.
15
Courts should have the po#er to grant injunction, restraining the husbandCfather from
disposing of any movable or immovable asset during pendency of the suit& 'his #ill help
in ensuring the effective enforcement of maintenance decrees& *t is #orth mentioning
that in the Code of Civil Procedure 19DA, such like safeguard is already available in
Rules 5 G + of 7rder HHHI*** thereof, #herein in case of an apprehension that the
defendant may dispose of his assets to avoid prospective decree, the Court may order
the attachment of property to ensure the e(ecution of decree& 'hus, an amendment may
be made in the !amily Courts %ct to empo#er the !amily Court to issue an injunction to
secure the e(ecution of decrees for maintenance, do#er, etc&
'he appellate jurisdiction initially fi(ed for recovery of do#er and maintenance
respectively #as rupees one thousand, and t#enty five per month, #hich #as enhanced
in 199> to rupees fifteen thousand, and five hundred respectively& *n vie# of ever4rising
inflation rate in the country, the appellate jurisdiction in respect of do#er and
maintenance needs to be further enhanced& *t is, therefore, suggested that 1ection 1> of
the !amily Courts %ct 19+> may be amended as under to rationalise such appellate
jurisdiction-
5b6 for do#er not e(ceeding rupees thirty thousandE
5c6 for maintenance, rupees one thousand or less per month&
%t times, spouses involved in family disputes or other#ise commit e(cesses, #hich
constitute criminal offences under the Pakistan Penal Code 1A+D, and accordingly, !*Rs
or complaints are lodged against each other& 1ometimes such complaints are the result
1+
of ongoing litigation bet#een parties& 1uch offences, usually or minor in nature including
kidnapping, abduction of children from the custody of guardian, illegal detention of #ife,
threatsCcriminal intimidation, assault, defamation, and minor bodily injuries, etc& 1uch
offences may also be given as grounds for dissolution of marriage& 'herefore, the
!amily Court may be authorised to try all such minor offences in #hich one of the
spouses has accused the other, and on failing in reconciliationCcompromise proceedings
under sections 1D and 10 of the %ct, proceed to consider it as grounds for dissolution&
'hus, an amendment in the 1chedule of the %ct is proposed to provide certain minor
offences to be tried by the !amily Court and conferring po#er upon the :igh Court to
amend the 1chedule #ith approval of Government to add more subjects thereto and
also to make rules in this regard #henever needed to make role of the !amily Court
more effective&
'he 1ecretariat of the Commission, obtained data from the :igh Courts as to the
number of !amily Courts, the level of judicial officers presiding over such Courts,
pendency, and the number of additional judges re)uired for e(peditious disposal of
family suits& 'he information is contained in the follo#ing table-
1@
FA!"# CO$RT%
1r&3o& 3ame of
Province
3o&of
!amily
Courts&
Places
#here
these
are
.orking
$udicial
7fficers #ho
preside
these
Courts&
3o of
!emale
$udges
3o&of
Courts
#hich deal
e(clusively
#ith
!amily
atters&
%dditional
$udges
re)uired&
3o& of
'otal
Pending
Cases&
1& Punjab 099
!amily
Courts
2istt G
'ehsil
levels&
1enior Civil
$udgeCCivil
$udge * G **
5 A Courts 5> 9D9@9
0& 1indh& 1D>
!amily
Courts
2istt G
'ehsil
levels&
%dditional
2istrict
$udgeC1enior
Civil
$udgeCCivil
$udge&
1@ 4 9
%dditional
2istrict
$udges J
+ 1enior
Civil
$udgeCCivil
$udges&
0955
9& 3&.&!&P& 1D9
!amily
Courts&
2istrict
G 1ub4
2ivision
level&
1enior Civil
$udgeCCivil
$udgeC$udge
!amily
Court&
9 4 4 3o
Pendency
has been
given in
these
Courts&
>& Balochistan& >>
!amily
Courts&
2istrict
G 'ehsil
level&
1enior Civil
$udgeCCivil
$udgeCFa,i
4 4 & 100
Commission's (eli)erations
Keeping in vie# the issuesCproblems discussed above, the 1ecretariat prepared a draft
statute for consideration of the Commission& 'he Commission considered the draft
proposals in its meeting held on 9 1eptember 0DDD and approved the same in principle&
1A
'he Commission further resolved that the draft bill be published for eliciting public
opinionCcomments&
'he draft amendments in the !amily Courts 5.&P6 %ct 19+> #ere therefore, published in
the national press and also made available on the Commission8s .ebsite for inviting
public opinion& 1pecial references #ere made to the %ttorney General for Pakistan and
the %dvocate Generals of the four Provinces, inisters and 1ecretaries of the !ederal
inistries of *nterior, !inance, *nformation, .oman 2evelopment, Provincial 1ecretaries
of "a#, and :ome 2epartments of the four Provincial Governments, some serving and
retired $udges of the 1upreme Court and the :igh Courts as #ell as subordinates
courts, Pakistan Bar Council, four Provincial Bar Councils and selected Bar
%ssociations for inviting their comments upon the draft amendments&

'he response from the general public #as fairly enthusiastic& % large number of
individuals and organi,ations responded& 'he representatives of some 3G78s and
certain individuals also personally visited the 1ecretariat of the Commission and made
presentations& 'he practicable suggestions received in this connection #ere
incorporated in the draft amendments #hich #ere later discussed #ith sitting and retired
$udges of the superior and subordinate courtsE and the final draft amendments in the
!amily Courts 5.&P6 %ct of 19+> #ere placed before the Pakistan "a# Commission& 'he
Commission approved the proposed amendments #ith consensus 5names of members
of the Commission at the time are at %nne( *I6& ean#hile, on e(piry of tenure of non4
e(4officio members, the Government reconstituted the Commission& 'he draft bill #as
again placed before the Commission in its meeting on 1@ arch 0DD1, and after due
19
deliberation, #as unanimously approved& 'he salient features of the proposed
amendments are-
%alient Features
516 % #ife seeking dissolution of marriage shall also claim in the plaint her do#er,
do#ry, personal property, maintenance, custody of children and right of visit to
meet children to avoid multiplicity of suits&
506 % husband #hile defending a suit for dissolution of marriage may claim decree for
restitution of conjugal rights and no separate suit shall lie for it&
596 % defendant #ife may claim for any right to #hich she is entitled to claim in reply
to suit for restitution of conjugal rights by the husband&
5>6 3o document can be relied upon by any party unless it has a relevancy to the
claim or defence made in the plaint or #ritten statement&
556 *n a suit for dissolution of marriage on the sole ground of LKhula8 the Court shall
pass decree on restoration of marriage benefits as determined by the Court&
5+6 'he !amily Court shall dispose of all family suits #ithin a period of four months&
0D
5@6 'he non4appealable limit of decrees is enhanced from rupees fifteen thousand to
rupees thirty thousands in respect of do#er and rupees five hundred to rupees
one thousand per month in respect of maintenance&
5A6 % !amily Court may pass an interim order to grant maintenance or to preserve
and protect any property to secure the enforcement of decree and no appeal or
revision shall lie against it&
596 %n appeal against decree of maintenance by the family Court is e(empted from
payment of Court fee&
51D6 'he punishment of fine on contempt of !amily Court is enhanced from rupees
t#o hundred to rupees one thousand&
5116 % !amily Court is empo#ered to issue Commissions to e(amine any person, to
make a local investigation or to inspect any property or document&
5106 % !amily Court shall have all the po#ers of $udicial agistrate of the !irst Class
to try minor criminal offences #here one of the spouses is victim of offence
committed by the other&
01
5196 'he :igh Court may, #ith the approval of the Provincial Government, make rules
for the effective functioning of the !amily Court and to add any other family
matter to the 1chedule,
'he draft amendment Bill as approved by the Commission follo#s-
00
Family Courts (Amendment) Ordinance 2001
%n 7rdinance further to amend the !amily Courts %ct, 19+>
.:/R/%1 it is e(pedient further to amend the !amily Courts %ct, 19+> 5.&P& %ct HHHI
of 19+>6, for the purposes hereinafter appearingE
%32 .:/R/%1 the 3ational %ssembly and the 1enate stand suspended in pursuance
of the Proclamation of /mergency of the fourteenth day of 7ctober, 1999, and the
Provincial Constitution 7rder 3o& 1 of 1999E
%32 .:/R/%1 the President is satisfied that circumstances e(ist #hich render it
necessary to take immediate actionE
37., ':/R/!7R/, in pursuance of the Proclamation of /mergency of the fourteenth
day of 7ctober, 1999, and the Provisional constitution 7rder 3o& 1 of 1999, read #ith
the Provisional Constitution 5%mendment6 7rder 3o& 9 of 1999, and in e(ercise of all
po#ers enabling him in that behalf, the President of the *slamic Republic of Pakistan is
pleased to make and promulgate the follo#ing 7rdinance-4
1. %hort title and commencement.& 516 'his 7rdinance may be called the !amily
Courts 5%mendment6 7rdinance, 0DD1&
506 *t shall come into force at once&
09
2. Amendment o* section + ,.-. Act .../ o* 1012.& *n the !amily Courts %ct,
19+> 5.&P& %ct HHHI of 19+>6, hereinafter referred to as the said %ct,4
(a) section 5 shall be renumbered as sub4section 516 of that section
and in sub4section 516, renumbered as aforesaid, for the #ords ;the
1chedule ; the #ords ;Part * of the 1chedule< shall be substitutedE
and
()) after sub4section 516 amended as aforesaid, the follo#ing ne# sub4
sections shall be added, namely-4
;506 3ot#ithstanding anything contained in the Code of Criminal
Procedure, 1A9A 5%ct H of 1A9A6, the !amily Court shall have
e(clusive jurisdiction to try the offences specified in Part ** of the
1chedule, #here one of the spouses is victim of offence committed
by the other&
596 'he :igh Court may, #ith the approval of the Government, amend
the 1chedule so as to alter, add or delete any entry thereto<&
3. Amendment o* section 34 ,.-. Act .../ o* 1012.& *n the said %ct, in
1ection @,4
5a6 in sub4section 506, before the e(isting proviso the follo#ing proviso
shall be inserted, namely -4
;Provided that a plaint for dissolution of marriage shall contain all claims relating
to do#ry, maintenance, do#er, personal property, custody of children and
right of visit to meet childrenE<
0>
5b6 in the second proviso, after the #ord ;Provided< the #ord ;further<
shall be insertedE
5c6 in sub section 596 in clause 5ii6 after the #ord plaint, the full stop
shall be omitted and the #ords ;giving reasons of relevancy to the
claim in the plaint< shall be added&
2. Amendment in section 54 ,.-. Act .../ o* 1012.& *n the said %ct, in sub4
section 5+6 after comma and the figure ;19< the comma and the figure ;0D< shall be
inserted&
+. Amendment o* section 04 ,.-. Act .../ o* 1012.& *n the said %ct, in
1ection 9, after sub4section 516,4
5a6 the follo#ing ne# sub4sections shall be inserted, namely-4
6(1A) % defendant husband may, #here no earlier suit for restitution of
conjugal rights is pending, claim for a decree of restitution of conjugal rights in his
#ritten statement to a suit for dissolution of marriage or maintenance, #hich shall
be deemed as a plaint and no separate suit shall lie for it&
(7) % defendant #ife may, in the #ritten statement to a suit for restitution
of conjugal rights, make any claim provided in Part * of the 1chedule, #hich shall
be deemed as a plaint&<&
5b6 in sub4section 596 at the end, the full stop shall be omitted and the #ords ;giving
reasons of relevancy to the defence in the #ritten statement< shall be added&
05
1. Amendment o* section 104 ,.-. Act .../ o* 1012.& *n the said %ct, in
section 1D, after sub4section 5>6 the follo#ing ne# sub4section shall be added, namely -4
;556 *n a suit for dissolution of marriage on the sole ground of Khula, the
Court shall determine and restore to the husband benefits, derived by the
#ife in consideration of marriage and pass decree of dissolution of
marriage&<&
3. Amendment o* section 124 ,.-. Act .../ o* 1012.& *n the said %ct, in
section 10, after sub4section 506 the follo#ing ne# sub4sections shall be added,
namely-4
;596 'he !amily Court shall, #hile passing decree of dissolution of
marriage, determine the remaining claims in the plaint&
5>6 'he !amily Court may, #hile dismissing the suit of the #ife for
dissolution of marriage, pass a decree for restitution of conjugal rights in
favour of husband, if such claim is established&
556 'he !amily Court may, #hile dismissing the suit of the husband for
restitution of conjugal rights, pass a decree in respect of any claim made
by the #ife in the #ritten statement&<&
5. %u)stitution o* section 12A4 ,.-. Act .../ o* 1012.& *n the said %ct, for
section 10%, the follo#ing shall be substituted, namely -4
0+
;10%& Cases to )e disposed o* 8ithin a speci*ied period.& % !amily
Court shall dispose of any case under this %ct #ithin a period of four
months&<&
0. Amendment o* section 124,.-. Act .../ o* 1012.& *n the said %ct, in
section 1>,4
5a6 *n sub4section 506,4
516 in clause 5b6,4
5i6 after the #ord ;do#er< the coma and the #ords
;do#ry and personal property< shall be insertedE and
5ii6 for the #ords ;fifteen thousands< the #ords ;thirty
thousands< shall be substitutedE and
506 in clause 5c6 for the #ords ;five hundred< the #ords
;one thousand< shall be substitutedE and
5b6 after sub4section 506, the follo#ing ne# sub4section shall be added,
namely -4
;596 3o appeal shall lie against an interim order&<&
10. Amendment in section 114 ,.-. Act .../ o* 1012.& *n the said %ct, in
Clause 5c6, for the #ords ;t#o hundred< the #ords ;one thousand< shall be substituted&
0@
11. Amendment in section 134 ,.-. Act .../ o* 1012.& *n the said %ct, in
section 1@, after the #ord ;Court< the full stop shall be omitted and the #ords ;in
respect of Part * of the 1chedule< shall be added&
12. Addition o* ne8 sections 13A and 1374,.-. Act .../ o* 1012.& *n the
said %ct, after section 1@, the follo#ing ne# sections shall be added, namely-4
613A. nterim order *or maintenance.& %t any stage of proceedings in a
suit for maintenance, the !amily Court may pass an interim order for
maintenance, #hereunder the payment shall be made by the fourteenth of
each month, failing #hich the Court may strike off the defence of the
defendant and decree the suit&
137. -o8er o* the Court to issue Commissions.& 1ubject to such
conditions and limitations as may be prescribed, the Court may issue a
Commission to,4
5a6 e(amine any personE
5b6 make a local investigationE and
5c6 inspect any property or document&<&
13. %u)stitution o* section 104 ,.-. Act .../ o* 1012.& *n the said %ct, for
the section 19, the follo#ing shall be substituted, namely&4
;Court4fees&4 3ot#ithstanding anything to the contrary contained in the Court
!ees %ct, 1A@0, the court4fees to be paid on any plaint or memorandum of appeal shall
be rupees fifteen for any kind of suit or appeal under this %ct&<&
0A
12. %u)stitution o* section 204 ,.-. Act .../ o* 1012.& *n the said %ct, for
section 0D, the follo#ing shall be substituted, namely -4
620. Family Court to e9ercise the po8ers o* the :udicial !a;istrate.&
% !amily Court shall have and e(ercise all the po#ers of a $udicial
agistrate of the !irst Class under the Code of Criminal Procedure, 1A9A
5%ct H of 1A9A6&<&
1+. nsertion o* ne8 section 21&A4 ,.-. Act .../ o* 1012.& *n the said %ct,
after section 01, the follo#ing ne# section shall be inserted , namely -4
;21A. nterim order pendin; suit.& 'he !amily Court may pass an order
to preserve and protect any property in dispute in a suit and any other
property of a party to the suit, the preservation of #hich is considered
necessary for satisfaction of the decree, if and #hen passed&<&
11. Amendment o* section 214 ,.-. Act .../ o* 1012.& *n the said %ct, in
section 0+, for sub4section 516 the follo#ing shall be substituted, namely -4
;516 'he :igh Court may, #ith the approval of the Government, by
notification in the official Ga,ette, make rules to carry into effect the
provisions of this %ct&<&
13. Amendment o* %chedule4 ,.-. Act .../ o* 1012.& *n the said %ct, in the
1chedule,4
09
5a6 before serial number 1 and entry relating thereto the #ord and letter
;Part *< shall be insertedE
5b6 in serial number 5 after the #ord ;of< the #ords ;and meeting< shall
be addedE and
5c6 after serial number A, the follo#ing ne# serial number shall be
added, namely -4
;9& Personal property<&
5d6 after serial number 9 and entries relating thereto the follo#ing shall
be added, namely -4
;Part **
7ffences and abetment thereof under sections 99@% 5i6,
99@! 5i6, 9>1, 9>0, 9>9, 9>>, 9>5, 9>+, 950 and 5D9 of the
Pakistan Penal Code 5%ct H"I of 1A+D6&<&
%tatement o* O)<ects and Reasons
'hese recommendations of the Pakistan "a# Commission seek to amend the !amily
Courts %ct 19+> 5.& P& %ct HHHI of 19+>6 to empo#er the said Court to determine all
family matters in a single suit to avoid multiplicity of suits, ensure the )uick disposal of
suit for dissolution of marriage on the sole ground of Khula, prescribe a time frame for
disposal of suits and appeals, raise the non4appealable limit of decrees of recovery of
do#er and maintenance, make provision for interim maintenance during pendency of
such claim, e(empt appeals from levy of court fees, invest po#ers under the Code of
Criminal Procedure 1A9A upon the Court to try minor criminal offences involving
9D
spouses, enable the Court to issue injunction for protection of suit property and
empo#er the :igh Court to amend, #ith approval of the Government, the 1chedule and
make rules&
91
5Comparative 1tatement 1ho#ing /(isting "a# and Proposed %mendments6
FA!"# CO$RT% ACT4 1012
(,.-. ACT .../ OF 1012)
1&3o /(isting Provisions Proposed %mendments
1&
Preamble& .hereas it is e(pedient
to make provision for the
establishment of !amily Courts for
the e(peditious settlement and
disposal of disputes relating to
marriage and family affairs and for
matters connected there#ithE
*t is hereby enacted as follo#s-4
1hort title, e(tent and
commencement&4516 'his %ct may
be called the !amily Courts %ct,
19+>&
506 *t e(tends to the #hole of
Pakistan
596 *t shall come into force in such
area or areas and on such date or
dates as Government may, by
notification in the official Ga,ette,
specify in this behalf&
5>6 3othing in this %ct shall apply to
any suit, or any application under
the Guardians and .ards %ct,
1A9D, pending for trial or hearing in
3o %mendment
3o %mendment
90
any Court immediately before the
coming into force of this %ct, and all
such suits and applications shall be
heard and disposed of as if this %ct
#ere not in force&
556 %ny suit, or any application
under the Guardians and .ards
%ct, 1A9D, #hich #as pending for
trial or hearing in any Court
immediately before the coming into
force of this %ct, and #hich has
been dismissed solely on the
ground that such suit or application
is to be tried by a !amily Court
established under this %ct, shall,
not#ithstanding anything to the
contrary contained in any la#, 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 #hich such suit or
application had reached at the time
of its dismissal&
0& 2efinitions& 516 *n this %ct unless
the conte(t other#ise re)uires, the
follo#ing e(pressions shall have the
meanings hereby respectively
assigned to them, that is to say4
5a6 ;arbitration council< and
;chairman< shall have the meanings
3o %mendment
99
respectively assigned to them in the
uslim !amily "a#s 7rdinance,
19+1E
5b6 ;family court< means a court
constituted under this %ctE
5c6 ;government< means the
Provincial GovernmentE
5d6 ;party< shall include any person
#hose presence as such is
considered necessary for a proper
decision of the dispute and #hom
the !amily Court adds as a party to
such disputeE
5e6 ;prescribed< means prescribed
by rules made under this %ct&
506 .ords and e(pressions used in
this %ct but not defined, shall have
the meanings respectively assigned
to them in the Code of Civil
Procedure, 19DA&
9& /stablishment of !amily Courts&4 516
Government shall establish one or
more !amily Courts in each 2istrict
or at such other place or places as
it may deem necessary and appoint
a $udge for each of such Courts-
Provided that at least one !amily
Court in each 2istrict, shall be
presided over by a #oman $udge to
3o %mendment
9>
be appointed #ithin a period of si(
months or #ithin such period as the
!ederal Government may, on the
re)uest of Provincial Government,
e(tend-
506 % #oman $udge may be
appointed for more than one 2istrict
and in such cases the #oman
$udge may sit for the disposal of
cases at such place or places in
either 2istrict, as the Provincial
Government may specify&
596 Government shall, in
consultation #ith the :igh Court,
appoint as many #oman $udges as
may be necessary for the purposes
of sub4section 516&
>& Fualifications of $udges&4 3o
person shall be appointed as a
$udge of a !amily Court unless he
is or has been or is )ualified to be
appointed as a 2istrict $udge, an
%dditional 2istrict $udge, a Civil
$udge or a Fa,i appointed under
the 2astural %mal, 2i#ani Riasat,
Kalat&
3o %mendment
5& $urisdiction& 1ubject to provisions of
the uslim !amily "a#s 7rdinance,
19+1, and the Conciliation Courts
$urisdiction& 516 1ubject to
provisions of the uslim !amily
"a#s 7rdinance, 19+1, and the
95
7rdinance, 19+1, the !amily Courts
shall have e(clusive jurisdiction to
entertain, hear and adjudicate upon
matters specified in the 1chedule&
Conciliation Courts 7rdinance,
19+1, the !amily Courts shall have
e(clusive jurisdiction to entertain,
hear and adjudicate upon matters
specified in Part * of the 1chedule&
506 3ot#ithstanding anything
contained in the Code of Criminal
Procedure, 1A9A 5%ct H of 1A9A6,
the !amily Court shall have
e(clusive jurisdiction to try the
offences specified in Part ** of the
1chedule, #here one of the
spouses is victim of offence
committed by the other&
596 'he :igh Court may, #ith the
approval of the Government,
amend the 1chedule so as to alter,
add or delete any entry thereto&
+& Place of sitting&4 1ubject to any
general or special order of
Government in this behalf, a !amily
Court shall hold its sittings at such
place or places #ithin the 2istrict or
area for #hich it is established as
may be specified by the 2istrict
$udge&
3o %mendment
@& *nstitution of suit&4 516 /very suit
before a !amily Court shall be
instituted by the presentation of a
plaint or in such other manner and
9+
in such Court as may be
prescribed&
506 'he plaint shall contain all
material facts relating to the dispute
and shall contain a schedule giving
the number of #itnesses intended
to be produced in support of the
plaint, the names and addresses of
the #itnesses and a brief summary
of the facts to #hich they #ould
depose&
Provided that the parties may, #ith
the permission of the Court, call any
#itness at any later stage, if the
Court considers such evidence
e(pedient in the interests of justice&
596 5i6 .here a plaintiff sues or
relies upon a document in his
possession or po#er, he shall
produce it in Court #hen the plaint
Provided that a plaint for dissolution
of marriage shall contain all claims
relating to do#ry, maintenance,
do#er, personal property, custody
of children and right of visit to meet
children&
Provided further that the parties
may, #ith the permission of the
Court, call any #itness at any later
stage, if the Court considers such
evidence e(pedient in the interest of
justice&
9@
is presented, and shall at the same
time, deliver the document or a
copy thereof to be filed #ith the
plaint&
5ii6 .here he relies on any other
document, not in his possession or
po#er, as evidence in support of his
claim, he shall enter such
documents in a list to be appended
to the plaint&
5>6 'he plaint shall be accompanied
by as many duplicate copies thereof
including the 1chedule and the lists
of documents referred to in sub4
section 596, as there are defendants
in the suit, for service upon the
defendants&
5ii6 .here he relies on any other
document, not in his possession or
po#er, as evidence in support of his
claim, he shall enter such
documents in a list to be appended
to the plaint giving reasons of
relevancy to the claim in the plaint&
A& *ntimation of defendants& 516 .hen
a plaint is presented to !amily
Court, itM
5a6 may fi( a date ordinarily of not
more than thirty days for the
appearance of the defendantE
5b6 shall issue summons to the
defendant to appear on a date
specified thereinE
5c6 shall, #ithin three days of the
9A
presentation of the plaint, send4
5i6 to each defendant, by registered
post, ackno#ledgment due, a notice
of the suit together #ith a copy of
the plaint, a copy of the schedule
referred to in sub4section 506 of
section @ and copies of the
documents and a list of documents
referred to in sub4section 596 of the
said sectionE and
5ii6 to the Chairman of the =nion
Council #ithin #hose jurisdiction
the defendant or defendants, as the
case may be, reside and #here the
defendants reside #ithin the
jurisdiction of different =nion
Councils, to the Chairman of every
such =nion Council, a notice of the
plaint having been presented&
506 /very summons issued
under clause 5b6 of sub4section 516
shall be accompanied by a copy of
the plaint, a copy of the schedule
referred to in sub4section 506 of
section @, and copies of the
documents and list of documents
referred to in sub4section 596 of the
said section&
596 7n receipt of the notice
under clause 5c6 of sub4section 516,
99
the Chairman shall display the
notice on the 3otice Board of the
=nion Council for a period of seven
consecutive days, and shall, as
soon as may be, after the e(piry of
the said period, inform the !amily
Court of the notice having been so
displayed&
5>6 1ervice of the plaint and its
accompaniments in the manner
provided in clause 5b6 or clause 5c6
of sub4section 516 shall be deemed
to be due service of the plaint upon
the defendant&
556 /very notice and its
accompaniments under clause 5c6
of sub4section 516 shall be served at
the e(pense of the plaintiff& 'he
postal charges for such service
shall be deposited by the plaintiff at
the time of filing the plaint&
5+6 1ummons issued under
clause 5b6 of sub4section 516 shall
be served in the manner provided in
the Code of Civil Procedure, 19DA,
7rder I, Rules 9, 1D, 11, 1+, 1@, 1A,
19, 01, 09, 0>, 0+, 0@, 0A and 09&
'he cost of such summons shall be
assessed and paid as for summons
issued under the Code of Civil
Procedure, 19DA&
5+6 1ummons issued under
clause 5b6 of sub4section 516 shall
be served in the manner provided in
the Code of Civil Procedure, 19DA,
7rder I, Rules 9, 1D, 11, 1+, 1@, 1A,
19, 0D, 01, 09, 0>, 0+, 0@, 0A and
09& 'he cost of such summons shall
be assessed and paid as for
summons issued under the Code of
Civil Procedure, 19DA&
>D
/(planation& !or the purposes of
this section, the e(pression ;=nion
Council< means a =nion Council,
'o#n Committee or =nion
Committee constituted under
section 5@ of the /lectoral College
%ct, 19+> 5*I of 19+>6&
9& .ritten statement&4 516 7n the date
fi(ed under clause 5a6 of sub4
section 516 of section A, the plaintiff
and the defendant shall appear
before the !amily Court and the
defendant shall file his #ritten
statement, and attach there#ith a
list of his #itnesses along#ith a
pr?cis of the evidence that each
#itness is e(pected to give&
3e#ly %dded
514%6 % defendant husband may,
#here no earlier suit for restitution
of conjugal rights is pending, claim
for a decree of restitution of
conjugal rights in his #ritten
statement to a suit for dissolution of
marriage or maintenance, #hich
shall be deemed as a plaint and no
separate suit shall lie for it&
>1
506 .here a defendant relies
upon a document in his possession
or po#er, he shall produce it or a
copy thereof in the Court along #ith
the #ritten statement&
596 .here he relies on any other
document, not in his possession or
po#er, as evidence in support of his
#ritten statement, he shall enter
such documents in a list to be
appended to the #ritten statement&
5>6 Copies of the #ritten
statement, list of #itnesses and
pr?cis of evidence referred to in
sub4section 516 and the documents
referred to in sub4section 506 shall
be given to the plaintiff, his agent or
advocate present in the Court&
*f the defendant fails to appear on
the date fi(ed by the !amily Court
for his appearance, then44
3e#ly %dded
514B6 % defendant #ife may, in the
#ritten statement to a suit for
restitution of conjugal rights, make
any claim provided in Part * of the
1chedule, #hich shall be deemed
as a plaint&

596 .here he relies on any other
document, not in his possession or
po#er, as evidence in support of his
#ritten statement, he shall enter
such documents in a list to be
appended to the #ritten statement
giving reasons of relevancy to the
defence in the #ritten statement&
>0
5a6 if it is proved that the
summons or notice #as duly served
on the defendant, the !amily Court
may proceed e(4parteE provided
that #here the !amily Court has
adjourned the hearing of the suit
e(4 parte, and the defendant at or
before such hearing appears and
assigns good cause for his previous
non4appearance, he may upon
such terms as the !amily Court
direct, be heard in ans#er to the
suit as if he had appeared on the
day fi(ed for his appearanceE and
5b6 if it is not proved that the
defendant #as duly served as
provided in sub4section 5>6 of
section A, the !amily Court shall
issue fresh summons and notices to
the defendant and cause the same
to be served in the manner
provided in clauses 5b6 and 5c6 of
sub4section 516 of section A&
5+6 *n any case in #hich a decree is
passed e(4parte against a
defendant under this %ct, he may
apply #ithin reasonable time of the
passing thereof to the !amily Court
by #hich the decree #as passed for
>9
an order to set it aside, and if he
satisfies the !amily Court that he
#as not duly served, or that he #as
prevented by any sufficient cause
from appearing #hen the suit #as
heard or called for hearing, the
!amily Court shallE 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 #ith
the suit&
Provided that #here the decree is
of such a nature that it cannot be
set aside as against such defendant
only, it may be set aside against all
or any of the other defendants also&
&
1D& Pre4trial proceeding&4 516 .hen the
#ritten statement is filed, the Court
shall fi( an early date for a pre4trial
hearing of the case&
506 7n the date so fi(ed, the
Court shall e(amine the plaint, the
#ritten statement 5if any6 and the
pr?cis of evidence and documents
filed by the parties and shall also, if
it so deems fit, hear the parties, and
>>
their counsel&
596 %t the pre4trial, the Court
shall ascertain the points at issue
bet#een the parties and attempt to
effect a compromise or
reconciliation bet#een the parties, if
this be possible&
5>6 *f no compromise or
reconciliation is possible the Court
shall frame the issues in the case
and fi( a date for recoding
evidence&
3e#ly %dded
556 *n a suit for dissolution of
marriage on the sole ground of
Khula, the Court shall determine
and restore to the husband
benefits, derived by the #ife in
>5
consideration of marriage and pass
decree of dissolution of marriage&
11& Recording of evidence&4 516 7n the
date fi(ed for recoding of the
evidence, the !amily Court shall
e(amine the #itnesses produced by
the parties in such order as it
deems fit&
506 'he Court shall not issue any
summons for the appearance of
any #itness unless, #ithin three
days of the framing of issues, any
party intimates the Court that it
desires a #itness to be summoned
through the Court and the Court is
satisfied that it is not possible or
practicable for such party to
produce the #itness&
596 'he #itnesses shall give
their evidence in their o#n #ords-
Provided that the parties or their
counsel may further e(amine,
cross4e(amine or re4e(amine the
#itnesses-
Provided further that the !amily
>+
Court may forbid any )uestion
#hich it regards as indecent,
scandalous or frivolous or #hich
appears to it to be intended to insult
or annoy or be needlessly offensive
in form&
594%6 'he !amily Court may, if it so
deems fit, put any )uestion to any
#itness for the purposes of
elucidation of any point #hich it
considers material in the case&
5>6 'he !amily Court may permit
the evidence of any #itness to be
given by means of an affidavit-
Provided that if the Court deems fit
it may call such #itness for the
purpose of e(amination in
accordance #ith sub4section 596&
10& Conclusion of trial&4 516 %fter the
close of evidence of both sides, the
!amily Court shall make another
effort to effect a compromise or
reconciliation bet#een the parties&
506 *f such compromise or
conciliation is not possible, the
!amily Court shall announce its
>@
judgment and give a decree&
3e#ly %dded
596 'he !amily Court shall, #hile
passing decree of dissolution of
marriage, determine the remaining
claims in the plaint&
3e#ly %dded
5>6 'he !amily Court may, #hile
dismissing the suit of the #ife for
dissolution of marriage, pass a
decree for restitution of conjugal
rights in favour of husband, if such
claim is established&
3e#ly %dded
556 'he !amily Court may, #hile
dismissing the suit of the husband
for restitution of conjugal rights,
pass a decree in respect of any
claim made by the #ife in the
#ritten statement&
10%& Certain cases to be disposed of
#ithin a specified period&4
3ot#ithstanding anything contained
hereinbefore, a suit for dissolution
of marriage shall finally be disposed
of #ithin a period of four months
from its institution-
Cases to be disposed of #ithin a
specified period&4 % !amily Court
shall dispose of a case under the
%ct #ithin a period of four months&
>A
Provided that #here an appeal lies
against the dissolution of marriage,
such appeal shall be disposed of
#ithin four months&
19& /nforcement of decrees&4 516 'he
!amily Court shall pass a decree in
such form and in such manner as
may be prescribed, and shall enter
its particulars in the prescribed
register&
506 *f any money is paid, and
any property is delivered in the
presence of the !amily Court, in
satisfaction of the decree, it shall
enter the fact of payment and the
delivery of property, as the case
may be, in the aforesaid register&
596 .here a decree relates to
the payment of money and the
decretal amount is not paid #ithin
the 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 decree4holder&
3o %mendment
>9
5>6 'he decree shall be
e(ecuted by the Court passing it or
by such other Civil Court as the
2istrict $udge may, by special or
general order, direct&
556 % !amily Court may, if it so
deems fit, direct that any money to
be paid under a decree passed by it
be paid in such installments as it
deems fit&
1>& %ppeal&M516 3ot#ithstanding
anything provided in any other la#
for the time being in force, a
decision given or a decree passed
by a !amily Court shall be
appealable N
5a6 to the :igh Court, #here the
!amily Court is presided over by a
2istrict $udge, an %dditional 2istrict
$udge or a person notified by
Government to be of the rank and
status of a 2istrict $udge or an
%dditional 2istrict $udgeE and
5b6 to the 2istrict Court, in any
other case&
5D
506 3o appeal shall lie from a
decree passed by a !amily Court-4
5a6 for dissolution of marriage,
e(cept in the case of dissolution for
reasons specified in clause 5d6 of
item 5viii6 of section 0 of the
2issolution of uslim arriages
%ct, 1999E
5b6 for do#er not e(ceeding
rupees fifteen thousandE
5c6 for maintenance of rupees
five hundred or less per month&
596 'he appellate court referred
to in sub4section 516 shall dispose of
the appeals filed under this section
#ithin a period of four months&
5b6 for do#er, do#ry and
personal property not e(ceeding
rupees thirty thousandE
5c6 for maintenance of rupees
one thousand or less per month&
3e#ly %dded
5>6 3o appeal or revision shall
lie against an interim order&
15& Po#er of !amily Court to summon
#itnesses& 516 % !amily Court
may issue summons to any person
to appear and give evidence, or to
produce or cause the production of
any document&
3o %mendment
51
Provided that44
5a6 no person #ho is e(empt
from personal appearance in a
Court under sub4section 516 of
section 199 of the Code of Civil
Procedure, 19DA, shall be re)uired
to appear in personE
a !amily Court may refuse to
summon a #itness or to enforce a
summons already issued against a
#itness #hen, in the opinion of the
Court, the attendance of the
#itness cannot be procured #ithout
such delay, e(pense or
inconvenience as in the
circumstances #ould be
unreasonable&
506 *f any person to #hom a
!amily Court has issued summons
to appear and give evidence or to
cause the production of any
document before it, #ilfully
disobeys such summons, the
!amily Court may take cogni,ance
50
of such disobedience, and after
giving such an opportunity to
e(plain, sentence him to a fine not
e(ceeding one hundred rupees&
1+& Contempt of !amily Courts&4 %
person shall be guilty of contempt
of the !amily Court if he, #ithout
la#ful e(cuse44
5a6 offers any insult to the !amily
CourtE or
5b6 causes an interruption in the
#ork of the !amily CourtE or
5c6 refuses to ans#er any )uestion
put by the !amily Court, #hich he is
bound to ans#erE or
5d6 refuses to take oath to state the
truth or to sign any statement made
by him in the !amily CourtE
and the !amily Court may forth#ith
try such person for such contempt
and sentence him to a fine not
e(ceeding rupees t#o hundred&
1@& Provisions of /vidence %ct and
Code of Civil Procedure not to
apply&4516 1ave as other#ise
e(pressly provided by or under this
%ct, the provisions of the /vidence
%ct, 1A@0, and the Code of Civil
Procedure, 19DA 5e(cept sections
Provisions of /vidence %ct and
Code of Civil Procedure not to
apply&4516 1ave as other#ise
e(pressly provided by or under this
%ct, the provisions of the /vidence
%ct, 1A@0, and the Code of Civil
Procedure, 19DA 5e(cept sections
59
1D and 116 shall not apply to
proceedings before any !amily
Court&
506 1ections A to 11 of the 7aths
%ct, 1A@9, shall apply to all
proceedings before the !amily
Courts&
1D and 116 shall not apply to
proceedings in respect of Part * of
the 1chedule before any !amily
Court&
506 1ections A to 11 of the 7aths
%ct, 1A@9, shall apply to all
proceedings before the !amily
Courts&
3e#ly %dded
1@4%& *nterim 7rder for
aintenance&4 %t any stage of
proceedings in a suit for
maintenance, the !amily Court may
pass an interim order for
maintenance, #hereunder the
payment shall be made by the
fourteenth of each month, failing
#hich the Court may strike off the
defence of the defendant and
decree the suit&
3e#ly %dded
1@4B& Po#er of the Court to issue
Commissions&4 1ubject to such
conditions and limitations as may
be prescribed, the Court may issue
a Commission to&4
5a6 e(amine any personE
5b6 make a local investigationE
and
5>
5c6 inspect any property or
document&
1A& %ppearance through agents&4*f a
person re)uired under this %ct to
appear before a !amily Court,
other#ise than as a #itness, is a
pardahnashin lady, the !amily
Court may permit her to be
represented by a duly authori,ed
agent&
19& Court4fees&4 3ot#ithstanding
anything to the contrary contained
in the Court !ees %ct, 1A@0, the
court4fees to be paid on any plaint
filed before a !amily Court shall be
rupee fifteen for any kind of suit&
Court4fees&4 3ot#ithstanding
anything to the contrary contained
in the Court !ees %ct, 1A@0, the
court4fees to be paid on any plaint
or memorandum of appeal shall be
rupees fifteen for any kind of suit or
appeal under this %ct&
0D *nvestment of po#ers of agistrate
on $udges&4 Government may
invest any $udge of a !amily Court
#ith po#ers of agistrate !irst
Class to make order for
maintenance under section >AA of
!amily Court to e(ercise the po#ers
of the $udicial agistrate&4 % !amily
Court shall have and e(ercise all
the po#ers of a $udicial agistrate
of the !irst Class under the Code of
Criminal Procedure, 1A9A 5%ct H of
55
the Code of Criminal Procedure,
1A9A&
1A9A6&
01 Provisions of uslim !amily "a#s
7rdinance, 19+1 not affected&4
3othing in this %ct shall be deemed
to affect any of the provisions of
uslim !amily "a#s 7rdinance,
19+1, or the rules made thereunder&
3o %mendment
3e#ly %dded
014%& *nterim order pending suit&4
'he !amily Court may pass an
order to preserve and protect any
property in dispute in a suit and any
other property of a party to the suit,
the preservation of #hich is
considered necessary for
satisfaction of the decree, if and
#hen passed&
00 Bar on the issue of injunctions by
!amily Court&4 % !amily Court shall
not have po#er to issue an
injunction to, or stay any
proceedings pending before, a
Chairman or an %rbitration Council&
3o %mendment
09
Ialidity of marriages registered
under the uslim !amily "a#s
7rdinance, 19+1, not to be
)uestioned by !amily Courts&4 %
!amily Court shall not )uestion the
validity of any marriage registered
in accordance #ith the provisions of
3o %mendment
5+
the uslim !amily "a#s 7rdinance,
19+1, nor shall any evidence in
regard thereto be admissible before
such Court&
0> !amily Courts to inform =nion
Councils of cases not registered
under the uslim !amily "a#s
7rdinance, 19+1&4 *f in any
proceedings before a !amily Court
it is brought to the notice of the
Court that a marriage solemni,ed
under the uslim "a# after the
coming into force of uslim !amily
"a#s 7rdinance, 19+1, has not
been registered in accordance #ith
the provisions of the said 7rdinance
and the rules framed thereunder,
the Court shall communicate such
fact in #riting to the =nion Council
for the area #here the marriage
#as solemni,ed&
3o %mendment
05 !amily Court deemed to be a
2istrict Court for purposes of
Guardian and .ards %ct, 1A9D&4 %
!amily Court shall be deemed to be
a 2istrict Court for the purposes of
the Guardians and .ards %ct,
1A9D, and not#ithstanding anything
contained in this %ct, shall in
dealing #ith matters specified in
3o %mendment
5@
that %ct, follo# the procedure
prescribed in that %ct&
05% 'ransfer of cases&4 516
3ot#ithstanding anything contained
in any la# the :igh Court may,
either on the application of any
party or of its o#n accord, by an
order in #ritingE
5a6 transfer any suit or
proceeding under this %ct from one
!amily Court to another !amily
Court in the same district or from a
!amily Court of one district to a
!amily Court of another districtE and
5b6 transfer any appeal or
proceeding under this %ct from the
2istrict Court of one district to the
2istrict Court of another district&
506 % 2istrict Court may, either
on the application of any party or of
its o#n accord, by an order in
#riting, transfer any suit or
proceeding under this %ct from one
!amily Court to another !amily
Court in a district or to itself and
dispose it of as a !amily Court&
596 %ny Court to #hich a suit,
3o %mendment
5A
appeal or proceeding is transferred
under the preceding sub4sections,
shall, not#ithstanding anything
contained in this %ct, have the
jurisdiction to dispose it of in the
manner as if it #ere instituted or
filed before it-
Provided that on the transfer of a
suit, it shall not be necessary to
commence the proceedings before
the succeeding $udge de novo
unless the $udge, for reasons to be
recorded in #riting, directs
other#ise&
05B 1tay of proceedings by the :igh
Court and 2istrict Courts& %ny suit,
appeal or proceeding under this
%ct, may be stayed-
5a6 by 2istrict Court, if the suit or
proceeding is pending before a
!amily Court #ithin its jurisdictionE
and
5b6 by the :igh Court, in the
case of any suit, appeal or
proceeding&
3o %mendment
0+& Po#er to make rules&4 516
Government may, by notification in
the official Ga,ette, make rules to
Po#ers to make rules&4 516 'he
:igh Court may, #ith the approval
of the Government, by notification in
59
carry into effect the provisions of
this %ct&
506 .ithout prejudice to the
generality of the provisions
contained in sub4section 516, the
rules so made may, among other
matters, provide for the procedure,
#hich shall not be inconsistent #ith
the provisions of this %ct, to be
follo#ed by the !amily Courts&
the official Ga,ette, make rules to
carry into effect the provisions of
this %ct&
1chedule
51ee 1ection 56
1& 2issolution of marriage&
0& 2o#er&
9& aintenance&
>& Restitution of Conjugal Rights&
5& Custody of children&
+& Guardianship&
@& $actitation of marriage&
A& 2o#ry&
+D
Part4*
5& Custody of and meeting children&
9& Personal property&
Part4**
7ffences and abetment thereof
under sections 99@4%5i6, 99@4!5i6,
9>1, 9>0, 9>9, 9>>, 9>5, 9>+, 950
and 5D9 of the Pakistan Penal
Code, 1A+D& 5%ct H"I of 1A+D6&
+1
1tatement of 7bjects and
Reasons
'hese recommendations of the
Pakistan "a# Commission seek to
amend the !amily Courts %ct 19+>
5.& P& %ct HHHI of 19+>6 to
enhance the jurisdiction of the said
Court to determine all family
matters in a single suit to avoid
multiplicity of suits, ensure the )uick
disposal of suit for dissolution of
marriage on the sole ground of
Khula, prescribe a time frame for
disposal of suits and appeals,
e(empt appeals from levy of court
fees, raise the non4appealable limit
of decrees of recovery of do#er and
maintenance, make provision for
interim maintenance during
+0
pendency of such claim, invest
po#ers under the Code of Criminal
Procedure 1A9A upon the Court to
try minor criminal offences involving
spouses, enable the Court to issue
injunction for protection of suit
property and empo#er the :igh
Court to amend, #ith approval of
the Government, the 1chedule and
make rules&
+9