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Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "7ea6c857ebf5d0f82b35e6576aa62d678b43ff35224a79ce2ed421a6f37baf46", "source_sha256": "7ea6c857ebf5d0f82b35e6576aa62d678b43ff35224a79ce2ed421a6f37baf46", "text_version_id": "law:pk-code-274d617eef0841dd:sha256:7ea6c857ebf5d0f82b35e6576aa62d678b43ff35224a79ce2ed421a6f37baf46", "quality_flags": [], "encoding": "UTF-8", "text": "FINAL COPY Updated till 17.1.2025 \r\nPage 1 of 13 \r\n \r\n \r\n \r\nTHE FAMILY COURTS ACT, 1964 \r\n \r\n CONTENTS \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of Family Courts \r\n4. \r\n5. Jurisdiction \r\n6. Place of sitting \r\n7. Institution of suits \r\n8. Intimation to defendant \r\n9. Written statement \r\n10. Pre-trial proceedings \r\n11. Recording of evidence \r\n12. Conclusion of trial \r\n12A. Cases to be disposed of within a specified period \r\n13. Enforcement of decrees \r\n14. Appeals \r\n15. Power of Family Court to summon witnesses \r\n16. Contempt of Family Courts \r\n17. Provisions of Evidence Act and Code of Civil Procedure not to apply \r\n17A. Interim order for maintenance \r\n17B. Power of the Court to issue Commission \r\n18. Appearance through agents \r\n19. Court fee \r\n20. Family Court to exercise the powers of the Judicial Magistrate \r\n21. Provisions of Muslim Family Laws Ordinance, 1961 not affected \r\n\r\nFINAL COPY Updated till 17.1.2025 \r\nPage 2 of 13 \r\n \r\n21A. Interim order pending suit \r\n22. Bar on the issue of injunctions by Family Court \r\n23. Validity of marriages registered under the Muslim Family Laws Ordinance, 1961, not to be \r\nquestioned by Family Courts \r\n \r\n24. Family Courts to inform Union Councils of cases not registered under the Muslim Family \r\nLaws Ordinance, 1961 \r\n \r\n25. Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890 \r\n \r\n25-A. Transfer of cases \r\n25-B. Stay of proceedings by the High Court and District Courts \r\n26. Power to make rules \r\nSCHEDULE \r\n \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 3 of 13 \r\n \r\n1THE FAMILY COURTS ACT, 1964 \r\n(W.P. Act XXXV of 1964) \r\n[18th July, 1964] \r\n \r\nAN \r\n \r\nACT \r\n to make provision for the establishment of Family Courts. \r\nPreamble:- WHEREAS, it is expedient to make provision for the establishment of Family Courts for \r\nthe expeditious settlement and disposal of disputes relating to marriage and family affairs and for \r\nmatters connected therewith; \r\nIt is hereby enacted as follows:― \r\n1. Short title, extent and commencement .― (1) This Act may be called the 2[* * *] Family \r\nCourts Act, 1964. \r\n(2) It extends to the whole of 3[Pakistan]. \r\n(3) It shall come into force in such area or areas and on such date or dates as Government \r\nmay, by notification in the official Gazette, specify in this behalf. \r\n4[(4) Nothing in this Act shall apply to any suit , or any application under the Guardians and \r\nWards Act, 1890, pending for trial or hearing in any Court immediately before the coming into force \r\nof this Act, and all such suits and applications shall be heard an d disposed of as if this Act were not \r\nin force. \r\n(5) Any suit, or any application under the Guardians and Wards Act, 1890, which was \r\npending for trial or hearing in any Court immediately before th e coming into force of this Act, and \r\nwhich has been dismissed solely on the ground that such suit or application is to be tried by a Family \r\nCourt established under this Act, shall, notwithstanding anything to the contrary contained in any \r\nlaw, on petition made to it in that behalf by any party to the suit or application, be tried and heard by \r\nsuch Court from the stage at which such suit or application had reached at the time of its dismissal.] \r\n2. Definitions .― 4[(1)] In this Act, unless the context otherwise requires, the following \r\nexpressions shall have the meanings hereby respectively assigned to them, that is to say― \r\n(a) “Arbitration Council” and “Chairman” shall , have the meaning respectively \r\nassigned to them in the Muslim Family Laws Ordinance 1961; \r\n(b) “Family Court” means a Court constituted under this Act; \r\n(c) “Government” means the 3[Provincial Government]; \r\n \r\n1This Act was passed by the West Pakistan Assembly on 30th June, 1964; assented to by the Governor of West Pakistan on 14th July, 1964; and, \r\n published in the West Pakistan Gazette (Extraordinary), dated 18th July, 1964, pages 2427-34. \r\n2Omitted by Act No. X of 1996, s.2. \r\n3Subs. by the Federal Adaptation of Laws Order,1975 (President’s Order No. 4 of 1975), Article 2 and Sch. \r\n4Added and numbered by Ordinance No. X of 1966, ss. 2 and 3. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 4 of 13 \r\n \r\n(d) “party” shall include any person whose presence as such is considered \r\nnecessary for a proper decision of the dispute and whom the Family Court \r\nadds as a party to such dispute; \r\n(e) “prescribed” means prescribed by rules made under this Act. \r\n1[(2) Words and expressions used in this Act but not herein defined, shall have the \r\nmeanings respectively assigned to them in the Code of Civil Procedure, 1908.] \r\n2[3. Establishment of Family Courts.― (1) Government shall establish one or more Family \r\nCourts in each District or at such other place or places as it may deem necessary and appoint a Judge \r\nfor each of such Courts: \r\nProvided that at least one Family Court in each District, shall be presided over by a woman \r\nJudge to be appointed within a period of six months or within such period as the Federal Government \r\nmay, on the request of Provincial Government, extend: \r\n(2) A woman Judge may be appointed for more than one District and in such cases the \r\nwoman Judge may sit for the disposal of cases at such place or places in either District, as the \r\nProvincial Government may specify. \r\n(3) Government shall, in consultation with the High Court, appoint as many woman Judges as \r\nmay be necessary for the purposes of sub-section (1).] \r\n1[4. No person shall be appointed as a Judge of a Family Court unless he is or has been 2[or is \r\nqualified to be appointed as] a District Judge, an Additional District Judge 3[, a Civil Judge or a Qazi \r\nappointed under the Dastur-ul-Amal Diwani, Riasat Kalat]. \r\n5. Jurisdiction.― 4[1] Subject to the provisions of the Muslim Family Laws Ordinance, \r\n1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive \r\njurisdiction to entertain, hear and adjudicate upon matters specified in 4[Part I of the Schedule]. \r\n4[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of \r\n1898), the Family Court shall have jurisdiction to try the offences specified in Part II of the \r\nSchedule, where one of the spouses is victim of an offence committed by the other. \r\n(3) The High Court may with the approval of the Government, amend the Schedule so as to \r\nalter, delete or add any entry thereto.] \r\n \r\n \r\n \r\n \r\n6. Place of sitting .―Subject to any general or special orders of Government in this behalf a \r\nFamily Court shall hold its sittings at such place or places within 1[the District or area for which it is \r\nestablished] as may be specified by the District Judge. \r\n \r\n7. Institution of s uits.― (1) Every suit before a Family Court shall be instituted by the \r\npresentation of a plaint or in such other manner and in such Court as may be prescribed. \r\n \r\n1Added and subs. by Ordinance No. X of 1966, ss. 3, 5 and 6. \r\n2Subs. and ins. by Act No. XXI of 1994, ss. 2 and 3. \r\n3Subs. by Act No. I of 1969, s. 2. \r\n4Renumbered, subs., and added by Ordinance No. LV of 2002, s.2. \r\n \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 5 of 13 \r\n \r\n (2) The plaint shall contain all 1[material] facts relating to the dispute and shall contain a \r\nSchedule giving the number of witnesses intended to be produced in support of the plaint, the names \r\nand addresses of the witnesses and brief summary of the facts to which they would depose: \r\n2[Provided that a plaint for dissolution of marriage may contain all claims relating to dowry, \r\nmaintenance, dower, personal property and belongings of wife, custody of children and visitation \r\nrights of parents to meet their children.] \r\nProvided 2[further] that parties may, with the permission of the Court, call any witness at any \r\nlater stage, if the Court considers such evidence expedient in the interest of justice. \r\n3[(3)(i) Where a plaintiff sues or relies upon a document in his possession or power, he shall \r\nproduce it in court when the plaint is presented, and shall at the same time, deliver the document or a \r\ncopy thereof to be filed with the plaint. \r\n \r\n (ii) Where he relies on any other document not in his possession or power, as evidence in \r\nsupport of his claim, he shall enter such documents in a list to be appended to the plaint 2[giving \r\nreasons of relevancy of these documents to the claim in the plaint]. \r\n(4) The plaint shall be accompanied by as many duplicate copies thereof including the \r\nSchedule and the lists of documents referred to in sub-section (3), as there are defendants in the suit, \r\nfor service upon the defendants. \r\n3[8. Intimation to defendant. (1) When a plaint is presented to a Family Court, it― \r\n(a) 2[shall] fix a date 2[*] of not more than thirty days for the appearance of the \r\ndefendant; \r\n(b) shall issue summons to the defendant to appear on a date specified therein. \r\n4[(c) shall, within three days of the presentation of the plaint, send to each \r\ndefendant, by regi stered post, acknowledgment due 2[or by courier service or \r\nby both], a notice of the suit, together with a copy of the plaint, a co py of the \r\nSchedule referred to in sub -section (2) of section 7 and copies of the \r\ndocuments and a list of documents referred to in sub -section (3) of the said \r\nsection.] \r\n(2) Every summons issued under clause (b) of sub -section (1) shall be accompanied by a \r\ncopy of the plaint, a copy of the Schedule referred to in sub-section (2) of section 7, and copies of the \r\ndocuments and list of documents referred to in sub-section (3) of the said section. \r\n(3) 4[* * * * * * *]. \r\n(4) Service of the plaint and its accompanim ents in the manner provided in clause (b) or \r\nclause (c) of sub-section (1) shall be deemed to be due service of the plaint upon the defendant. \r\n \r\n1Ins. by Ordinance No. X of 1966, s. 7. \r\n2Ins, added, subs. and omitted by Ordinance No. LV of 2002, ss. 3 and 4. \r\n3Subs. by Act No. I of 1969, ss. 3 and 4. \r\n4Subs. and deleted by W.P. Family Courts (Punjab amdt.) Ordinance, 1971 (Ordinance No. XXIV of 1971), s. 2. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 6 of 13 \r\n \r\n(5) Every notice and its accompaniments under clause (c) of sub-section (1) shall be served at \r\nthe expense of the plaintiff. The postal charges for such service shall be deposited by the plaintiff at \r\nthe time of filing the plaint. \r\n \r\n(6) Summons issued under clause (b) of sub-section (1) shall be served in the manner \r\nprovided in the Code of Civil Procedure, 1908, Order V, Rules 9, 10, 11, 16, 17, 18, 19, 1[20,] 21, \r\n23, 24, 26, 27, 28 and 29. The cost of such summons shall be assessed and paid as for summons \r\nissued under the Code of Civil Procedure, 1908. \r\n \r\nExplanation— 2[* * * * * * *] \r\n \r\n3[9. Written statement. (1) On the date fixed-under clause (a) of sub-section (1) of section 8, \r\nthe plaintiff and the defendant shall appear before the Family Court and the defendant shall file his \r\nwritten statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that \r\neach witness is expected to give. \r\n1[(1a) A defendant husband may, where no earlier suit for restitution of conjugal rights is \r\npending, claim for a decree of restitution of conjugal rights in his written statement to a suit for \r\ndissolution of marriage or maintenance, which shall be deemed as a plaint and no separate suit shall \r\nlie for it. \r\n \r\n(1b) A defendant wife may, in the written statement to a suit for restitution of conjugal rights, \r\nmake a claim for dissolution of marriage including khula which shall be deemed as a plaint and no \r\nseparate suit shall lie for it: \r\nProvided that the proviso to sub -section (4) of Section 10 shall apply where the decree for \r\ndissolution of marriage is to be passed on the ground of khula.] \r\n(2) Where a defendant relies upon a documents in his possession or power, he shall produce it \r\nor a copy thereof in the Court alongwith the written statement. \r\n(3) Where he relies on any other document s, not in his possession or power, as evidence in \r\nsupport of his written statement, he shall enter such documents in a list to be appended to the written \r\nstatement 1[giving reasons of relevancy of these documents to the defence in the written statement]. \r\n(4) Copies of the written statement, list of witnesses and precis of evidence re ferred to in sub-\r\nsection (1) and the documents referred to in sub -section (2) shall be given to the plaintiff, his agent \r\nor advocate present in the Court. \r\n(5) If the defendant fails to appear on the date fixed by the Family Court for his appearance, \r\nthen— \r\n(a) if it is proved that the summons or notice was duly served on the defendant, \r\nthe Family Court may proceed ex-parte; provided that where the Family Court \r\nhas adjourned the hearing of the suit ex-parte, and defendant at or before such \r\nhearing appears an d assigns good cause for his previous non -appearance, he \r\nmay, upon such terms as th e Family Court directs, be hear d in answer to the \r\nsuit as if he had appeared on the day fixed for his appearance; and \r\n \r\n1Ins. and added by Ordinance No. LV of 2002, ss. 4 and 5. \r\n2Deleted by W.P. Family Courts (Punjab amdt) Ordinance No. XXIV of 1971, s. 2. \r\n3Subs. by Act No. I of 1969, s. 5. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 7 of 13 \r\n \r\n (b) if it is not proved that the defendant was duly served as provided in sub-\r\nsection (4) of section 8, the Family Court shall issue fresh summons and \r\nnotices to the defendant and cause the same to be served in the manner \r\nprovided in clauses (b) and (c) of sub-section (1) of section 8. \r\n(6) In any case in which a decree is passed ex-parte against a defendant under this Act, he \r\nmay apply wit hin 1[thirty days of the service of notice under sub -section (7) of the passing of the \r\ndecree] to the Family Court by which the decree was passed for an order to set it aside, and if he \r\nsatisfies the Family Court that he was not duly served, or that he was prevented by any sufficient \r\ncause from appearing when the suit was heard or called for hearing, the Fami ly Court shall, after \r\nservice or notice on the plaintiff, and on such terms as to costs as it deems fit, make an order for \r\nsetting aside the decree as against him, and shall appoint a day for proceeding with the suit; provided \r\nthat where the decree is of such a nature that it cannot be set aside as against such defendant only, it \r\nmay be set aside against all or any of the other defendants also.] \r\n1[(7) The notice of passing of the ex-parte decree referred to in sub-section (6) shall be sent to \r\nthe defendant by the Family Court together with a certified copy of the decree within three days of \r\nthe passing of the decree, through process server or by registere d post, acknowledgement due, or \r\nthrough courier service or any other mode or manner as it may deem fit. \r\n(8) Service of notice and its accompaniment in the manner provided in sub -section (7) shall \r\nbe deemed to be due service of the notice and decree on the defendant.] \r\n10. Pre-trial proceedings.— 2[(1) When the written statement is filed, the Court shall fix an \r\nearly date for a pre-trial hearing of the case,] \r\n(2) On the date so fixed, the Court shall examine the plaint, the written statement (if any) and \r\nthe precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the \r\nparties and their counsel. \r\n(3) At the pre -trial, the Court shall ascertain the points at issue between the parties and \r\nattempt to effect a compromise or reconciliation between the parties, if this be possible. \r\n(4) If no compromise or reconciliation is possible the Court shall frame the issues in the case \r\nand fix a date for 2[recording] of evidence 1[:] \r\n1[Provided that notwithstanding any decision or judgement of any court or tribunal, the \r\nFamily Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for \r\ndissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the \r\nwife in consideration of marriage at the time of marriage.] \r\n11. Recording of evidence .―(1) On the date fixed for 2[recording of the evidence] the \r\nFamily Court shall examine the witnesses produced by the parties in such order as it deems fit. \r\n \r\n \r\n \r\n1Subs and added by Ordinance No. LV of 2002, ss. 5 and 6. \r\n2Subs. by Act No. I of 1969, ss. 6 and 7. \r\n \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 8 of 13 \r\n \r\n(2) The Court shall not issue any summons for the appearance of any witness unless, within \r\nthree days of the framing of issues, any party intimates the Court that it desires a witness to be \r\nsummoned through the Court and the Court is satisfied that it is not possible or practicable for such \r\nparty to produce the witness. \r\n1[(3) The witnesses shall give their evidence in their own words: \r\nProvided that the parties or their counsel may further examine, cross-examine or re-examine \r\nthe witnesses: \r\nProvided further that the Family Court may forbid any question which it regards as indecent, \r\nscandalous or frivolous or which appears to it to be intended to insult or annoy or needlessly \r\noffensive in form.] \r\n (3A) The Family Court may, if it so deems fit, put any question to any witness for the \r\npurposes of elucidation of any point which it considers material in the case.] \r\n(4) The Family Court may permit the evidence of any witness to be given by means of an \r\naffidavit: \r\nProvided that if the Court deems fit it may call such witness for the purpose of examination in \r\naccordance with sub-section (3). \r\n12. Conclusion of trial.― (1) After the close of evidence of both sides, the Family Court \r\nshall make another effort to effect a compromise or reconciliation between the parties 2[within a \r\nperiod not exceeding fifteen days]. \r\n(2) If such compromise or reconciliation is not possible, the Family Court shall announce its \r\njudgement and give a decree. \r\n2[12A. Cases to be disposed of within a specified period. ― A Family Court shall dispose of a \r\ncase, including a suit for dissolution of marriage, within a period of six months from the date of \r\ninstitution: \r\nProvided that where a case is not disposed of within six months either party shall have a right \r\nto make an application to the High court for necessary direction as the High Court may deem fit.] \r\n13. Enforcement of decrees.― (1) The Family Court shall pass a decree in such form and in \r\nsuch manner as may be prescribed, and shall enter its particulars in the prescribed register. \r\n(2) If any money is paid or any property is delivered in the presence of the Family Court, in \r\nsatisfaction of the decree, it shall enter the fact of payment 3[or] the delivery of property, as the case \r\nmay be, in the aforesaid register. \r\n(3) Where a decree relates to the payment of money and the decretal amount is not paid \r\nwithin time specified by the Court 2[not exceeding thirty days], the same shall, if the Court so directs \r\nbe recovered as arrears of land revenue, and on recovery shall be paid to the decree-holder. \r\n \r\n1Subs. by Act No. I of 1969, s. 7. \r\n2Added, subs. and ins. by Ordinance No. LV of 2002, ss.7, 8 and 9. \r\n3Subs. by Ordinance No. X of 1966, s. 11. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 9 of 13 \r\n \r\n(4) The decree shall be executed by the Court, passing it or by such other Civil Court as the \r\nDistrict Judge may, by special or general order, direct. \r\n(5) A Family Court may, if it so deems fit, direct that any money to be paid under a decree \r\npassed by it be paid in such installments as it deems fit. \r\n \r\n14. Appeals.―1[(1) Notwithstanding anything provided in any other law for the time being \r\nin force, a decision given or a decree passed by a Family Court shall be appealable― \r\n \r\n(a) to the High Court, where the Family Court is presided over by a District \r\nJudge, an Additional District Judge or a person notified by Government to be \r\nof the rank and status of a District Judge or an Additional District Judge; and \r\n \r\n \r\n(b) to the District Court, in any other case.] \r\n \r\n(2) No appeal shall lie from a decree passed by Family Court― \r\n \r\n(a) for dissolution of marriage, except in the case of dissolution for reasons \r\nspecified in clause 3[(d)] of item (viii) of section 2 of the Dissolution of \r\nMuslim Marriages Act, 1939; \r\n \r\n \r\n(b) for dower 2[or dowry] not exceeding rupees 2[thirty thousand]; \r\n \r\n(c) for maintenance of rupees 2[one thousand] or less per month. \r\n \r\n2[(3) No appeal or revision shall lie against an interim order passed by a Family Court. \r\n \r\n(4) The appellate Court referred to in sub -section (1) shall dispose of the appeal within a \r\nperiod of four months.] \r\n \r\n \r\n15. Power of Family Court to summon witnesses. — (1) A Family Court may issue \r\nsummons to any person to appear and give evidence, or to produce or cause the production of any \r\ndocument: \r\n \r\nProvided that ― \r\n(a) no person who is exempt from perso nal appearance in a Court under sub -\r\nsection (1) of section 133 of the Code of Civil Procedure, 1908, shall be \r\nrequired to appear in person; \r\n \r\n(b) a Family Court may refuse to summon a witness or to enforce a summons \r\nalready issued against a witness when, in the opinion of the Court, the \r\nattendance of the witness cannot be procured without such delay, expense or \r\ninconvenience as in the circumstances would be unreasonable. \r\n \r\n(2) If any person to whom a Family Court has issued summons to appear and give evidence \r\nor to cause the production of any document before it, wilfully disobeys such summons, the Family \r\nCourt may take cognizance of such disobedience, and after giving such opportunity to explain, \r\nsentence him to a fine not exceeding one 2[thousand] rupees. \r\n \r\n1Subs. by Ordinance No. X of 1966, s. 12. \r\n2Ins., subs., and added by Ordinance No. LV of 2002, ss. 10 and 11. \r\n3Please see pp. 2431, Gazette of West Pakistan Ext. 1964. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 10 of 13 \r\n \r\n16. Contempt of Family Courts.— A person shall be guilty of contempt of the Family Court \r\nif he without lawful excuse— \r\n \r\n(a) offers any insult to the Family Court; or \r\n \r\n(b) causes an interruption in the work of the Family Court; or \r\n \r\n1[(bb) misbehaves with any person in the court premises or uses abusive language, \r\nthreats or uses physical force or intimidates in any form; or.] \r\n \r\n(c) refuses to answer any question put by the Family Court, which he is bound to \r\nanswer; or \r\n \r\n(d) refuses to take oath to state the truth or to sign any statement made by him in \r\nthe Family Court; \r\n \r\nand the Family Court may forthwith try such person for such contempt and sentence him to a fine not \r\nexceeding rupees 1[two thousand]. \r\n \r\n \r\n17. Provisions of Evidence Act and Code of Civil Procedure not to apply. — (1) Save as \r\notherwise expressly provided by or under this Act, the provisions of the 1[Qanun-e-Shahadat, 1984 \r\n(P.O. No. 10 of 1984)] , and the Code of Civil Procedure, 1908, 2[except sections 10 and 11,] shall \r\nnot apply to proceedings before any Family Court 1[in respect of Part 1 of Schedule]. \r\n \r\n(2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings before the Family Courts. \r\n1[17A. Interim order for maintenance. — At any stage of proceeding s in a su it for \r\nmaintenance, the Family Court may pass an interim order for maintenance, whereunder the payment \r\nshall be made by the fourteenth of each month, failing which the Court may strike off the defence of \r\nthe defendant and decree the suit. \r\n17B. Power of the Court to issue Commission. — Subject to such conditions and limitations \r\nas may be prescribed, the Court may issue a Commission to,― \r\n(a) examine any person; \r\n(b) make a local investigation; and \r\n(c) inspect any property or document.] \r\n18. Appearance through agents.— If a person required under this Act to appear before a \r\nFamily Court, otherwise than as a witness, is a pardah nashin lady, the Family Court may permit her \r\nto be represented by a duly authorised agent. \r\n 1[19. Court fee .— Notwithstanding anything contained in the Court Fees Act, 1870 (VII of \r\n1870), the Court fee to be paid on any plaint or memorandu m of appeal shall be rupees fifteen for \r\nany kind of suit or appeal under this Act.] \r\n1[20. Family Court to exercise the powers of the Judicial Magistrate. ― A Family Court shall \r\nhave and exercise all the powers of a Judicial Magistrate of the First Class under the Code of \r\nCriminal Procedure, 1898 (Act V of 1898).] \r\n \r\n1Ins., subs. and added by Ordinance No. LV of 2002, ss. 12, 13, 14, 15 and 16. \r\n2Ins. by Ordinance No. XV of 1967, s. 2 (It extends to the whole of Pakistan except Tribal Areas). \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 11 of 13 \r\n \r\n1[21. Provisions of Muslim Family Laws Ordinance, 1961 not affected. Nothing in this \r\nAct shall be deemed to affect any of the provisions of Muslims Family Laws Ordinance, 1961, or the \r\nrules made thereunder.] \r\n2[21A. Interim order pending suit.― The Family Court may pass an interim order to preserve \r\nand protect any property in dispute in a suit and any other property of a party to the suit, the \r\npreservation of which is considered necessary for satisfaction of the decree, if and when passed.] \r\n22. Bar on the issue of injunctions by Family Court.― A Family Court shall not have the \r\npower to issue an injunction to, or stay any proceedings pending before, a Chairman or an \r\nArbitration Council. \r\n23. Validity of marriages registered under the Muslim Family Laws Ordinance, 1961, \r\nnot to be questioned by Family Courts.― A Family Court shall not question the validity of any \r\nmarriage registered in accordance with the provisions of the Muslim Family Laws Ordinance, 1961, \r\nnor shall any evidence in regard thereto be admissible before such Court. \r\n24. Family Courts to inform Union Councils of cases not registered under the Muslim \r\nFamily Laws Ordinance, 1961.― If in any proceedings before a Family Court it is brought to the \r\nnotice of the Court that a marriage solemnized under the Muslim Law after the coming into force of \r\nthe Muslim Family Laws Ordinance, 1961, has not been registered in accordance with the provisions \r\nof the said Ordinance and the rules framed thereunder, the Court shall communicate such fact in \r\nwriting to the Union Council for the area where the marriage was solemnized. \r\n25. Family Court deemed to be a District Court for purposes of Guardians and Wards \r\nAct, 1890.―A Family Court shall be deemed to be a District Court for the purposes of the Guardians \r\nand Wards Act, 1890, and notwithstanding anything contained in this Act, shall, in dealing with \r\nmatters specified in that Act, follow the procedure prescribed in that Act. \r\n1[25-A. Transfer of cases. (1) Notwithstanding anything contained in any law the High \r\nCourt may, either on the application of any party or of its own accord, by an order in writing― \r\n(a) transfer any suit or proceeding under this Act from one Family Co urt to \r\nanother Family Court in the same district or from a Family Court of one \r\ndistrict to a Family Court of another district; and \r\n(b) transfer any appeal or proceeding under this Act, from the District Court of \r\none district to the District Court of another district. \r\n(2) A District Court may, either on the application of any party or of its own accord, by an \r\norder in writing, transfer any suit or proceeding under this Act from one Family Court to another \r\nFamily Court in a district or to itself and dispose it of as a Family Court. \r\n2[(2a) Where a Family Court remains vacant or the presiding officer remains on leave or \r\nabsent for any reason, except due to vacations, for more than thirty days , a District Court may, either \r\non the application of any party or of i ts own accord, by order in writing, transfer any suit or \r\nproceeding from such Family Court to another Family Court in a District or to itself and dispose it of \r\nas a Family Court. \r\n \r\n1Subs. and added by W.P. Family Courts (Punjab amdt.) Ordinance, 1971 (Ordinance No. XXIV of 1971), ss. 3 and 4. \r\n2Ins. by Ordinance No. LV of 2002, ss.17 and 18. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 12 of 13 \r\n \r\n (2b) On the application of any of the parties and after notice to the parties and after hearing \r\nsuch of them as desire to be heard, or of its own motion without such notice, the Supreme Court may \r\nat any stage transfer any suit, appeal or other proceedings under this Act pending before a Court in \r\none Province to a Court in another Province, competent to try or dispose of the same.] \r\n(3) Any Court to which a suit, appeal or proceeding is transferred under the preceding sub-\r\nsections, shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of \r\nin the manner as if it were instituted or filed before it: \r\nProvided that on the transfer of a suit, it shall not be necessary to commence the proceedings \r\nbefore the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing, directs \r\notherwise. \r\n25-B. Stay of proceedings by the High Court and District Courts. Any suit, appeal or \r\nproceeding under this Act, may be stayed— \r\n(a) by the District Court, if the suit or proceeding is pending before a Family \r\nCourt within its jurisdiction; and \r\n(b) by the High Court, in the case of any suit, appeal or proceeding 1[:] \r\n1[Provided that the stay application shall be finally decided by the District Court or the High \r\nCourt, as the case may be, within thirty days failing which the interim stay order shall cease to be \r\noperative.] \r\n26. Power to make rules. — (1) Government may, by notification in the official Gazette, \r\nmake rules to carry into effect the provisions of this Act. \r\n(2) Without prejudice to the generality of the provisions contained in sub -section (1), the \r\nrules so made may, among other matters, provide for the procedure, which shall not be inconsis tent \r\nwith the provisions of this Act, to be followed by the Family Courts. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1 Subs. and added by Ordinance No. LV of 2002, s. 19. \r\nFINAL COPY Updated till 17.1.2025 \r\nPage 13 of 13 \r\n \r\nSCHEDULE \r\n[see SECTION 5] \r\n1[Part I] \r\n1. Dissolution of marriage 1[, including Khula]. \r\n2. Dower. \r\n3. Maintenance. \r\n4. Restitution of conjugal rights. \r\n5. Custody of children 1[, and the visitation rights of parents to meet them,] \r\n6. Guardianship. \r\n2[6A. Matters pertaining to Return of Child under the Hague Convention on Civil Aspects of \r\n International Child Abduction, 1980.] \r\n3[7. Jactitation of marriage.] \r\n4[8. Dowry.] \r\n1[9. Personal property and belongings of a wife. \r\nPART II \r\nOffences and aid and abetment thereof under Sections 337A (i), 337F (i), 341, 342, 343, 344, \r\n345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of l860).] \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n135171 Date: 17-1-2025 \r\n1Ins. and added by Ordinance No. LV of 2002, s.20. \r\n2Ins. by S.R.O 980 (I)/2017, dated 25th September, 2017 \r\n3Added by Act No. I of 1969, s. 8. \r\n4Added by Act No. VII of 1997, s.2", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-274d617eef0841dd:sha256:7ea6c857ebf5d0f82b35e6576aa62d678b43ff35224a79ce2ed421a6f37baf46:chars-0-1800:6c67cba022079dbdade0338b903cf7cd52c12e49f74a131e098a652e6db6e9bc", "character_start": 0, "character_end": 1800, "utf8_byte_start": 0, "utf8_byte_end": 1800, "passage_sha256": 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