FAMILY COURTS ACT, 1964

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 214af68de204b0051653fc25833774f0176059da55b38fcb0338d27e3fecbee4.

Family Courts 
1964: Act XXXV 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Establishment of Family Courts. 
4. Qualifications of Judge. 
5. Jurisdiction. 
6. Place of sittings. 
7. Institution of suits. 
8. Intimation to defendant. 
9. Written statement. 
10. Pre-trial proceedings. 
11. Recording of evidence. 
12. Conclusion of trial. 
12-A. Cases to be disposed of within a specified period. 
13. Enforcement of decrees. 
14. Appeals. 
15. Power of Family Court to summon witnesses. 
16. Contempt of Family Courts. 
17. Provisions of Evidence Act and Code of Civil Procedure not to apply. 
17-A. Suit for maintenance. 
17-B. Power of the Court to issue Commission. 
18. Appearance through agents. 
19. Court fee. 
20. Family Court as Judicial Magistrate. 
21. Provisions of Muslim Family Laws Ordinance, 1961 not affected. 
THE FAMILY COURTS ACT, 1964 
(XXXV of 1964) 
 
21A. Interim order pending suit. 
21-B. Intimation to Arbitration Council. 
22. Bar on the issue of injunctions by Family Court. 
23. Validity of marriages registered under the Muslim Family Laws 
Ordinance, 1961, not to be questioned by Family Courts. 
24. Family Courts to inform Union Councils of cases not registered under 
the Muslim Family Laws Ordinance, 1961. 
25. Family Court deemed to be a District Court for purposes of Guardians 
and Wards Act, 1890. 
25-A. Transfer of cases. 
25-B. Stay of proceedings by the High Court and District Courts. 
26. Power to make rules. 
SCHEDULE 
TEXT 
1
THE 
2
[**] FAMILY COURTS ACT, 1964 
(XXXV of 1964) 
[18 July 1964] 
An 
Act 
to make provision for the establishment of Family Courts. 
Preamble.– WHEREAS it is expedient to make provision for the establishment of 
Family Courts for the expeditious settlement and disposal of disputes relating to 
marriage and family affairs and for matters connected therewith; 
  It is hereby enacted as follows:– 
1. Short title, extent and commencement.– (1) This Act may be called the 
3
[**] 
Family Courts Act, 1964. 
 
4
[(2) It extends to the whole of the Punjab.] 
 (3) It shall come into force in such area or areas and on such date or dates 
as Government may, by notification in the Official Gazette, specify in this behalf. 
 
5
[(4) Nothing in this Act shall apply to any suit, or any application under the 
Guardians and Wards Act, 1890, p ending for trial or hearing in any Court 
immediately before the coming into force of this Act, and all such suits and 
applications shall be heard and disposed of as if this Act were not in force. 
 (5) Any suit, or any application under the Guardians and Wa rds Act, 1890, 
which was pending for trial or hearing in any Court immediately before the coming 
into force of this Act, and which has been dismissed solely on the ground that such 
suit or application is to be tried by a Family Court established under this  Act, shall, 
notwithstanding anything to the contrary contained in any law, on petition made to it 
in that behalf by any party to the suit or application, be tried and heard by such Court 
from the stage at which such suit or application had reached at the time of its 
dismissal.] 
2. Definitions.– 
6
[(1)] In this Act, unless the context otherwise requires, the 
following expressions shall have the meanings hereby respectively assigned to 
them, that is to say– 
                                                           
1For Statement of Objects and Reasons see Gazette of West Pakistan (Extraordinary), dated April  6, 1964, pp. 1153-P-1155-
W. This Act was passed by the West Pakistan Assembly on June  30, 1964, assented to by the Governor of West Pakistan on  
July 14, 1964, published in the Gazette of  West Pakistan (Extraordinary), dated July 18, 1964, pp. 2427-2434. 
2Omitted the words “West Pakistan” by the West Pakistan Family Courts (Amendment) Act, 199 6 (Federal Act X of 199 6), 
published in the Gazette of Pakistan (Extraordinary), Part I, dated August 5, 1994, pp. 1295-1296, s. 2.  
3Ibid.  
4Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 2. 
5Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West 
Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 2. 
6Section 2 re-numbered as sub-section (1) of that section by the West Pakistan Famil y Courts (Amendment) Ordinance, 1966 
(X of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 3. 
(a) “Arbitration Council” and “Chairman” shall have the meanings 
respectively assigned to them in the Muslim Family Laws Ordinance, 
1961; 
(b) “Family Court” means a Court constituted under this Act; 
1
[(c) “Government” means Government of the Punjab;] 
(d) “party” shall include any person whose presence as su ch is considered 
necessary for a proper decision of the dispute and whom the Family 
Court adds as a party to such dispute; 
(e) “prescribed” means prescribed by rules made under this Act 
2
[;] 
3
[(f) “Schedule” means the Schedule appended to the Act; and 
(g) “Union Council” means a Union Council, Municipal Committee, 
Cantonment Board, Union Administration or, in case of absence of any 
of these local governments in a local area, any other comparable body 
or authority constituted under any law relating to the lo cal governments 
or local authorities.] 
4
[(2) Words and expressions used in this Act but not herein defined, shall have the 
meanings respectively assigned to them in the Code of Civil Procedure, 1908.] 
5
[3. Establishment of Family Courts .– (1) Government sh all establish one or 
more Family Courts in each District or at such other place or places as it may deem 
necessary and appoint a Judge for each of such Courts: 
  Provided that at least one Family Court in each District, shall be presided over 
by a woman Ju dge to be appointed within a period of six months or within such 
period as the 
6
[Government may extend]. 
 (2) A woman Judge may be appointed for more than one District and in 
such cases the woman Judge may sit for the disposal of cases at such place or 
places in either District, as the 
7
[*] Government may specify. 
 (3) Government shall, in consultation with the High Court, appoint as many 
woman Judges as may be necessary for the purposes of sub-section (1)]. 
4. Qualifications of Judge .– 
8
[No person shall be  appointed as a Judge of a 
Family Court unless he is or has been 
1
[or is qualified to be appointed as] a District 
                                                           
1Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 3(a). 
2Substituted for full stop by the Act ibid., s. 3(b). 
3Inserted by the Act ibid. 
4Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West 
Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 3. 
5Substituted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 2. 
6Substituted for the words “Federal Government may, on the request of Provincial Government, extend” by the Family Courts 
(Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 
4(a). 
7Omitted the word “Provincial” by the Punjab Family Courts (Amendment) Act , 2015 (XI of 2015) , published in the Punjab Gazette 
(Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 4(b). 
8Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West Pakistan 
(Extraordinary), dated April 4, 1966, pp. 753-755, s. 5. 
Judge, an Additional District Judge 
2
[, a Civil Judge or a Qazi appointed under the 
Dastur-ul-Amal Diwani, Riasat Kalat].] 
5. Jurisdiction.– 
3
[(1)] Subject to the provisions of the Muslim Family Laws 
Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts 
shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters 
specified in the 
4
[Part I of the Schedule]. 
 
5
[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 
1898 (Act V of 1898), the Family Court shall have jurisdiction to try the offences 
specified in Part II of the Schedule, where one of the spouses is victim of an offence 
committed by the other. 
 
6
[(3) The Government may amend the Schedule through addition, deletion 
or substitution of any entry in the Schedule.]]  
6. Place of sittings.– Subject to any general or special orders of Government in 
this behalf, a Family Court shal l hold its sittings at such place or places within 
7
[the 
District or area for which it is established] as may be specified by the District Judge. 
7. Institution of suits .– (1) Every suit before a Family Court shall be instituted 
by the presentation of a pl aint or in such other manner and in such Court as may be 
prescribed. 
 (2) The plaint shall contain all 
8
[material] facts relating to the dispute and 
shall contain a Schedule giving the number of witnesses intended to be produced in 
support of the plaint, t he names and addresses of the witnesses and a brief 
summary of the facts to which they would depose: 
 
9
[Provided that a plaint for dissolution of marriage may contain all claims 
relating to dowry, maintenance, dower, personal property and belongings of wif e, 
custody of children and visitation rights of parents to meet their children.] 
 Provided 
10
[further] that parties may, with the permission of the Court, call any 
witness at any later stage, if the Court considers such evidence expedient in the 
interest of justice. 
1
[(3) (i) Where a plaintiff sues or relies upon a document in his 
possession or power, he shall produce it in court when the plaint is presented, and 
                                                                                                                                                                                     
1Inserted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), published in the Gazette of Paki stan 
(Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 3. 
2Substituted for the words “or a Civil Judge” by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the 
Gazette of West Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 2. 
3Renumbered by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan (Extraordinary), 
dated October 2, 2002, pp. 1211-1218, s. 2(a). 
4Substituted for the words “the Schedule” by the Ordinance ibid.  
5Added subsections (2) and (3) by the Ordinance ibid., s. 2(b). 
6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated March 
18, 2015, pp. 3439-3442, s. 5. 
7Substituted for the words “the districts” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in 
the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 6.  
8Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West 
Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 7.  
9Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 2, 2002, pp. 1211-1218, s. 3(a). 
10Ibid. 
shall at the same time, deliver the document or a copy thereof to be filed with the 
plaint. 
(ii) Where he relies on any other document, not in his possession or 
power, as evidence in support of his claim, he shall enter  such 
documents in a list to be appended to the plaint 
2
[giving reasons of 
relevancy of these documents to the claim in the plaint.]] 
(4) The plaint shall be accompanied by as many duplicate copies thereof 
[including the Schedule and the lists of documents referred to in sub -section (3)], as 
there are defendants in the suit, for service upon the defendants. 
3
[
4
[8. Intimation to defendant.– (1) When a plaint is presented to a Family Court, it 
shall: 
(a) fix a date which shall not be more than fifteen days for the appearance 
of the defendant; 
(b) within two days of the presentation of the plaint, send a notice or 
summons of the suit to a d efendant through a process serving agency 
of the Family Court, through registered post acknowledgment due, 
electronically or through courier, together with a copy of the plaint, a 
copy of the Schedule referred to in subsection (2) of section 7 and 
copies o f the documents and a list of documents referred to in 
subsection (3) of section 7; and 
(c) direct that the notice or summons issued under clause (b) also be 
served through affixation and shall simultaneously issue a proclamation 
in a newspaper. 
(2) While issuing the notice or summons to a defendant, the Family Court 
shall require the defendant to submit a written statement on the day mentioned in the 
notice or summons.]] 
5
[9. Written statement .– 
6
[(1) On the date fixed under section 8, the defendant 
shall appear before the Family Court and file the written statement, a list of 
witnesses and gist of evidence, and in case the written statement is not filed on that 
date, the Family Court may, for any sufficient reasons which prevented the 
defendant from submit ting the written statement, allow the defendant to submit the 
written statement and other documents on the next date which shall not exceed 
fifteen days from that date.] 
                                                                                                                                                                                     
1Substituted subsection (3) by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of 
West Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 3. 
2Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 2, 2002, pp. 1211-1218, s. 3(b). 
3Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan 
(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 4. 
4Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 6.  
5Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan 
(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 5. 
6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 7(a). 
1
[(1a) A defendant husband may, where no earlier suit for restitution of 
conjugal rights is pending, claim for a decree of restitution of conjugal rights in his 
written statement to a suit for dissolution of marriage or maintenance, which shall be 
deemed as a plaint and no separate suit shall lie for it.  
(1b) A defendant wife may, in the written statement to a suit for restitution of 
conjugal rights, make a claim for dissolution of marriage including khula which shall 
be deemed as a plaint and no separate suit shall lie for it:  
 Provided that the proviso to sub -section (4) of section 10 sh all apply where 
the decree for dissolution of marriage is to be passed on the ground of khula.] 
(2) Where a defendant relies upon a document in his possession or power, 
he shall produce it or a copy thereof in the Court along with the written statement. 
(3) Where he relies on any other document, not in his possession  or 
power, as evidence in support of his written statement, he shall enter such 
documents in a list to be appended to the written statement 
2
[giving reasons of 
relevancy of these documents to the defence in the written statement.] 
 (4) Copies of the written statement, list of witnesses and precis of 
evidence referred to in sub -section (1) and the documents referred to in sub -section 
(2) shall be given to the plaintiff, his agent or advocate present in the Court. 
 (5) If the defendant fails to appear on the date fixed by the Family Court for 
his appearance, then– 
(a) if it is proved that the summons or notice was duly served on the 
defendant, the Family Court may proceed ex parte ; provided that 
where the Family Court has adjourned the hearing of the suit ex parte, 
and the defendant at or before such hearing appears and assigns good 
cause for his previous non -appearance, he may, upon such terms as 
the Family Court directs, be heard in answer to the s uit as if he had 
appeared on the day fixed for his appearance; and 
(b) if it is not proved that the defendant was duly served as provided in 
sub-section (4) of section 8, the Family Court shall issue fresh 
summons and notices to the defendant and cause the  same to be 
served in the manner provided in clauses ( b) and (c) of sub-section (1) 
of section 8. 
3
[(5A) If the defendant fails to submit the written statement on or before the 
date under subsection (1), the defence of the defendant shall stand struck off and 
the Family Court shall decide the case under the law.] 
  (6) In any case in which a decree is passed ex parte against a defendant 
under this Act, he may apply within 
4
[thirty days of the service of notice under sub -
section (7) of the passing of the decree] to the Family Court by which the decree was 
                                                           
1Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), Part I, dated October 1, 2002, pp. 1211-1218, s. 5(i). 
2Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
Part I, dated October 1, 2002, pp. 1211-1218, s. 5(ii). 
3Inserted by the Family Courts (Amen dment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 7(b). 
4Substituted for the words “reasonable time of the passing thereof” by the Family Courts (Amendment) Ordinance, 2002 (LV of 
2002), published in the Gazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 5(iii). 
passed for an order to set it aside, and if he satisfies the Family Court that he was 
not duly served, or that he was prevented by any sufficient cause from appearing 
when the suit was heard or called for he aring, the Family Court shall, after service of 
notice on the plaintiff, and on such terms as to costs as it deems fit, make an order 
for setting aside the decree as against him, and shall appoint a day for proceeding 
with the suit; provided that where the  decree is of such a nature that it cannot be set 
aside as against such defendant only, it may be set aside against all or any of the 
other defendants also.] 
 
1
[(7) The notice of passing of the ex-parte decree referred to in sub -section 
(6) shall be sent t o the defendant by the Family Court together with a certified copy 
of the decree within three days of the passing of the decree, through process server 
or by registered post, acknowledgement due, or through courier service or any other 
mode or manner as it may deem fit. 
  (8) Service of notice and its accompaniment in the manner provided in 
sub-section (7) shall be deemed to be due service of the notice and decree on the 
defendant.]  
10. Pre-trial proceedings .– 
2
[(1) When the written statement is filed, the  Court 
shall fix an early date for a pre-trial hearing of the case.] 
 (2) On the date so fixed, the Court shall examine the plaint, the written 
statement (if any) and the precis of evidence and documents filed by the parties and 
shall also, if it so deems fit, hear the parties and their Counsel. 
 
3
[(3) The Family Court may, at the pre -trial stage, ascertain the precise 
points of controversy between the parties and attempt to effect compromise between 
the parties.] 
 
4
[(4) Subject to subsection (5), if compro mise is not possible between the 
parties, the Family Court may, if necessary, frame precise points of controversy and 
record evidence of the parties.] 
 
5
[(5) In a suit for dissolution of marriage, if reconciliation fails, the Family 
Court shall immediately  pass a decree for dissolution of marriage and, in case of 
dissolution of marriage through khula, may direct the wife to surrender up to fifty 
percent of her deferred dower or up to twenty -five percent of her admitted prompt 
dower to the husband. 
 (6) Subject to subsection (5), in the decree for dissolution of marriage, the 
Family Court shall direct the husband to pay whole or part of the outstanding 
deferred dower to the wife.] 
                                                           
1Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 5(iv). 
2Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan 
(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 6(a). 
3Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 8(a). 
4Ibid., s.8(b). 
5Inserted by the Act ibid., s.8(c). 
11. Recording of evidence .– (1) On the date fixed for 
1
[
2
[recording of the 
evidence]], the Family Court shall examine the witnesses produced by the parties in 
such order as it deems fit. 
 
3
[(1A) The Family Court shall record or cause to be recorded, the substance 
of the statement of a witness or may record or cause to be recorded, th e statement 
of a witness through audio or video recording.]  
 (2) The Court shall not issue any summons for the appearance of any 
witness unless, within three days of the framing of issues, any party intimates the 
Court that it desires a witness to be summ oned through the Court and the Court is 
satisfied that it is not possible or practicable for such party to produce the witness. 
4
[(3) The witnesses shall give their evidence in their own words: 
 Provided that the parties or their counsel may further examin e, cross-examine 
or re-examine the witnesses: 
 Provided further that the Family Court may forbid any question which it 
regards as indecent, scandalous or frivolous or which appears to it to be intended to 
insult or annoy or needlessly offensive in form.] 
5
[(3-A) The Family Court may, if it so deems fit, put any question to any 
witness for the purposes of elucidation of any point which it considers material in the 
case.] 
 (4) The Family Court may permit the evidence of any witness to be given 
by means of an affidavit: 
 Provided that if the Court deems fit it may call such witness for the purpose of 
examination in accordance with sub-section (3). 
12. Conclusion of trial.– (1) After the close of evidence of both sides, the Family 
Court shall make another effort  to effect a compromise or reconciliation between the 
parties 
6
[within a period not exceeding fifteen days]. 
 (2) If such compromise or reconciliation is not possible, the Family Court 
shall announce its judgment and give a decree. 
7
[
8
[12-A. Cases to be disposed of within a specified period .– A Family Court 
shall dispose of a case, including as a suit for dissolution of marriage, within a period 
of six months from the date of institution: 
                                                           
1Substituted for the words “recording of evidence” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 
1966), published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 10.  
2Substituted for the words “the hearing of the evidence” by the West Pakistan Family Courts (Amendment) Ordinance,  1969 (I 
of 1969), published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 7(a). 
3Inserted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 9. 
4Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1969 (I of 1969), published in the Gazette of West 
Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 7(b). 
5Added by the Ordinance ibid., s. 7(a). 
6Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 7. 
7Inserted by the West Pakistan Family Courts (Amendment) Act, 199 6 (Federal Act X  of 1996), published in the Gazette of 
Pakistan (Extraordinary), Part I, dated August 5, 1994, pp. 1295-1296, s. 3. 
8Substituted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 8.  
 Provided that where a case is not disposed of within six months eith er party 
shall have a right to make an application to the High Court for necessary direction as 
the High Court may deem fit.]] 
13. Enforcement of decrees.– (1) The Family Court shall pass a decree in such 
form and in such manner as may be prescribed, and s hall enter its particulars in the 
prescribed register. 
 (2) If any money is paid or any property is delivered in the presence of the 
Family Court, in satisfaction of the decree, it shall enter the fact of payment 
1
[or] the 
delivery of property, as the case may be, in the aforesaid register. 
 (3) Where a decree relates to the payment of money and the decretal 
amount is not paid within time specified by the Court 
2
[not exceeding thirty days], the 
same shall, if the Court so directs, be recovered as arrears of  land revenue, and on 
recovery shall be paid to the decree-holder. 
 (4) The decree shall be executed by the Court, passing it or by such other 
Civil Court as the District Judge may, by special or general order, direct. 
 (5) A Family Court may, if it so dee ms fit, direct that any money to be paid 
under a decree passed by it be paid in such installments as it deems fit. 
14. Appeals.– 
3
[(1) Notwithstanding anything provided in any other law for the 
time being in force, a decision given or a decree passed by a Family Court shall be 
appealable– 
(a) to the High Court, where the Family Court is presided over by a District 
Judge, an Additional District Judge or a person notified by Government 
to be of the rank and status of a District Judge or an Additional District  
Judge; and 
(b) to the District Court, in any other case.] 
(2) No appeal shall lie from a decree passed by a Family Court– 
(a) for dissolution of marriage, except in the case of dissolution for reasons 
specified in clause (d) of item (viii) of section 2 of  the Dissolution of 
Muslim Marriages Act, 1939; 
(b) for dower 
4
[or dowry] not exceeding rupees 
5
[
6
[
7
[one hundred 
thousand]]]; 
(c) for maintenance of rupees 
1
[
2
[
3
[five thousand]]] or less per month. 
                                                           
1Substituted for the word “and” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the 
Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 11.  
2Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 9. 
3Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), publishe d in the Gazette of West 
Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 12. 
4Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(1)(i). 
5Substituted for the words “one thousand” by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 
1994), published in the Gazette of Pakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 4(i). 
6Substituted for the words “fifteen thousand” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the 
Gazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(1)(ii).  
7Substituted for the words “thirty thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab 
Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 10(a). 
4
[(3) No appeal or revision shall lie against an interim o rder passed by a 
Family Court. 
(4) The appellate court referred to in sub -section (1) shall dispose of the 
appeal within a period of four months.] 
15. Power of Family Court to summon witnesses .– (1) A Family Court may 
issue summons to any person to appear and give evidence, or to produce or cause 
the production of any document: 
 Provided that– 
(a) no person who is exempt from personal appearance in a Court under 
sub-section (1) of section 133 of the Code of Civil Procedure, 1908, 
shall be required to appear in person; 
(b) a Family Court may refuse to summon a witness or to enforce a 
summons already issued against a witness when, in the opinion of the 
Court, the attendance of the witness cannot be procured without such 
delay, expense or inconvenience as in th e circumstances would be 
unreasonable. 
 (2) If any person to whom a Family Court has issued summons to appear 
and give evidence or to cause the production of any document before it, willfully 
disobeys such summons, the Family Court may take cognizance of s uch 
disobedience, and after giving such person an opportunity to explain, sentence him 
to a fine 
5
[
6
[of five thousand]] rupees. 
16. Contempt of Family Courts .– A person shall be guilty of contempt of the 
Family Court if he, without lawful excuse– 
(a) offers any insult to the Family Court; or 
(b) causes an interruption in the work of the Family Court; or 
7
[(bb) misbehaves with any person in the court premises or uses abusive 
language, threats or uses physical force or intimidates in any form; or] 
(c) refuses to answer any question put by the Family Court, which he is 
bound to answer; or 
(d) refuses to take oath to state the truth or to sign any statement made by 
him in the Family Court;  and the Family Court may forthwith try such 
                                                                                                                                                                                     
1Substituted for the words “twenty-five” by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), 
published in the Gazette of Pakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 4(ii). 
2Substituted for the words “five hundred” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the 
Gazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(2). 
3Substituted for the words “ one thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab 
Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 10(b). 
4Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 10(b). 
5Substituted for the word “hundred” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette 
of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 11. 
6Substituted for the words “ not exceeding one thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published 
in the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 11. 
7Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 12(a). 
person for such contempt and sentence him to a fine not exceeding 
rupees 
1
[two thousand]. 
17. Provisions of Evidence Act and Code of Civil Procedure not to apply .– 
(1) Save as otherwise expressly provided by or under this Act, the provisions of the 
2
[Qanun-e-Shahadat, 1984 (P.O. No. 1 0 of 1984)], and the Code of Civil Procedure, 
1908, 
3
[except sections 10 and 11,] shall not apply to proceedings before any Family 
Court. 
 (2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings 
before the Family Courts 
4
[in respect of Part I of Schedule]. 
5
[
6
[17-A. Suit for maintenance.– (1) In a suit for maintenance, the Family Court 
shall, on the date of the first appearance of the defendant, fix interim monthly 
maintenance for wife or a child and if the defendant fails to pay the mai ntenance by 
fourteen day of each month, the defence of the defendant shall stand struck off and 
the Family Court shall decree the suit for maintenance on the basis of averments in 
the plaint and other supporting documents on record of the case. 
(2) In a decree for maintenance, the Family Court may: 
(a) fix an amount of maintenance higher than the amount prayed for in the 
plaint due to afflux of time or any other relevant circumstances; and 
(b) prescribe the annual increase in the maintenance. 
(3) If the Fam ily Court does not prescribe the annual increase in the 
maintenance, the maintenance fixed by the Court shall automatically stand increased 
at the rate of ten percent each year. 
(4) For purposes of fixing the maintenance, the Family Court may summon 
the re levant documentary evidence from any organization, body or authority to 
determine the estate and resources of the defendant.]] 
7
[17-B. Power of the Court to issue Commission .– Subject to such conditions and 
limitations as may be prescribed, the Court may issue Commission to,– 
(a) examine any person; 
(b) make a local investigation; and 
(c) inspect any property or document.] 
                                                           
1Substituted for the words “two hundred” by the Ordinance ibid., s. 12(b). 
2Substituted for the words, comma and figure “Evidence Act, 1872” by the Ordinance ibid., s. 13(a). 
3Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 196 7 (XV of 1967), published in the Gazette of West 
Pakistan (Extraordinary), dated October 21, 1967, pp. 2988-A-2988-B, s. 2.  
4Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 13(b). 
5Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 14. 
6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 12. 
7Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 14. 
18. Appearance through agents.– If a person required under this Act to appear 
before a Family Court, otherwise than as a witness, is a pardah nashin  lady, the 
Family Court may permit her to be represented by a duly authorised agent. 
 
1
[19. Court fee.– Notwithstanding anything contained in the Court Fees Act, 1870 
(VII of 1870), the court fee to be paid on any plaint or memorandum of appeal shall 
be rupees fifteen for any kind of suit or appeal under this Act.] 
  
2
[
3
[20. Family Court as Judicial Magistrate .– (1) A Family Court shall be deemed 
as the Judicial Magistrate of the first class under the Code of Criminal Procedure, 
1898 (V of 1898) for taking cognizance and trial of any offence under this Act; the 
Muslim Family Laws Ordinance, 1961  (VIII of 1961); and, the Child Marriage 
Restraint Act, 1929 (XIX of 1929). 
(2) A Family Court shall conduct the trial of an offence under subsection 
(1) in accordanc e with the provisions of Chapter XXII of the Code  of Criminal 
Procedure, 1898 (V of 1898) relating to the summary trials. 
(3) An offence other than  contempt of a Family Court shall be cognizable 
on the complaint of the Union Council, Arbitration Council or the aggrieved party.]] 
4
[21. Provisions of Muslim Family Laws Ordinance, 1961 not affected .– 
Nothing in this Act shall be deemed to affect any of the provisions of Muslim Family 
Laws Ordinance, 1961, or the rules made thereunder.] 
5
[21A. Interim order pending suit.– The Family Court may pass an interim 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 which is considered necessary for satisfaction of 
the decree, if and when passed.] 
6
[21-B. Intimation to Arbitration Council .– If a Family Court decrees dissolution of 
a Muslim marriage, the Family Court shall immediately but not later than three days 
from the decree send by registered post or other means a certified copy of the 
decree to the concerned Chairman of the Arbitration Council and upon receipt of the 
decree, the Chairman shall proceed as if he had received intimation of Talaq under 
the Muslim Family Laws Ordinance, 1961 (VIII of 1961).] 
22. Bar on the issue of injunction s by Family Court.– A Family Court shall not 
have the power to issue an injunction to, or stay any proceedings pending before, a 
Chairman or an Arbitration Council. 
                                                           
1Substituted by the Ordinance ibid., s.15. 
2Substituted by the Family Courts (Amendment) Ordinance, 2002 (LV of  2002), published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 16.  
3Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 13. 
4Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 19 71, published in the 
Gazette of West Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 3. 
5Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 17. 
6Inserted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated 
March 18, 2015, pp. 3439-3442, s. 14. 
23. Validity of marriages registered under the Muslim Family Laws 
Ordinance, 1961, not to b e questioned by Family Courts .– A Family Court shall 
not question the validity of any marriage registered in accordance with the provisions 
of the Muslim Family Laws Ordinance, 1961, nor shall any evidence in regard thereto 
be admissible before such Court. 
24. Family Courts to inform Union Councils of cases not registered under 
the Muslim Family Laws Ordinance, 1961 .– If in any proceedings before a Family 
Court it is brought to the notice of the Court that a marriage solemnized under the 
Muslim Law after the coming into force of the Muslim Family Laws Ordinance, 1961, 
has not been registered in accordance with the provisions of the said Ordinance and 
the rules framed thereunder, the Court shall communicate such fact in writing to the 
Union Council for the area where the marriage was solemnized. 
25. Family Court deemed to be a District Court for purposes of Guardians 
and Wards Act, 1890 .– A Family Court shall be deemed to be a District Court for 
the purposes of the Guardians and Wards Act, 1890, and notwithsta nding anything 
contained in this Act, shall, in dealing with matters specified in that Act, follow the 
procedure prescribed in that Act. 
1
[25-A. Transfer of cases .– (1) Notwithstanding anything contained in any law, the 
High Court may, either on the applic ation of any party or of its own accord, by an 
order in writing– 
(a) transfer any suit or proceeding under this Act from one Family Court to 
another Family Court in the same district or from a Family Court of one 
district to a Family Court of another district; and 
(b) transfer any appeal or proceeding under this Act, from the District 
Court of one district to the District Court of another district. 
  (2) A District Court may, either on the application of any party or of its own 
accord, by an order in writing, transfer any suit or proceeding under this Act from one 
Family Court to another Family Court in a district or to itself and dispose it of as a 
Family Court. 
 
2
[(2a) Where a Family Court remains vacant or the presiding officer remains 
on leave or absent for any reason, except due to vacations, for more than thirty days, 
a District Court may, either on the application of any party or of its own accord, by 
order in writing, transfer any suit or proceeding from such Family Court to another 
Family Court in a District or to itself and dispose it of as a Family Court. 
  (2b) On the application of any of the parties and after notice to the parties 
and after hearing such of them as desire to be heard, or of its own motion without 
such notice, the Supreme Court may  at any stage transfer any suit, appeal or other 
proceedings under this Act pending before a Court in one Province to a Court in 
another Province, competent to try or dispose of the same.] 
                                                           
1Added by the West Pakistan Family Courts (Punjab Amendment) Ordinanc e, 1971 (XXIV of 1971, published in the Gazette of 
West Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 4. 
2Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 18. 
 (3) Any Court to which a suit, appeal or proceeding is transferred  under 
the preceding sub -sections, shall, notwithstanding anything contained in this Act, 
have the jurisdiction to dispose it of in the manner as if it were 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 Judge de novo unless the Judge, for reasons 
to be recorded in writing, directs otherwise.] 
1
[25-B. Stay of proceedings by the High Court and District Courts .– Any suit, 
appeal or proceeding under this Act, may be stayed– 
(a) by the District Court, if the suit or proceeding is pending before a 
Family Court within its jurisdiction; and 
(b) by the High Court, in the case of any suit, appeal or proceeding 
2
[:]] 
3
[Provided that the stay application shall be final ly decided by the District 
Court or the High Court, as the case may be, within thirty days failing which the 
interim stay order shall cease to be operative.] 
26. Power to make rules .– (1) Government may, by notification in the Official 
Gazette, make rules to carry into effect the provisions of this Act. 
 (2) Without prejudice to the generality of the provisions contained in sub -
section (1), the rules so made may, among other matters, provide for the procedure, 
which shall not be inconsistent with the provis ions of this Act, to be followed by the 
Family Courts. 
 
                                                           
1Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971, published in the Gazette of 
West Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 4. 
2Substituted for the full -stop by the Family Courts (Amendment) Ordinance, 2002 (LV of  2002), published in the Gazette of 
Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 19. 
3Inserted by the Ordinance ibid. 
SCHEDULE 
[See Section 5] 
1
[PART I] 
1. Dissolution of marriage 
2
[, including Khula]. 
2. Dower. 
3. Maintenance. 
4. Restitution of conjugal rights. 
5.  Custody of children 
3
[, and the visitation rights of parents to meet them]. 
6. Guardianship. 
4
[6A. Matters pertaining to return of child under the Hague Convention on the Civil 
Aspects of International Child Abduction, 1980.] 
5
[7. Jactitation.] 
6
[8. Dowry.] 
 
7
[
8
[9.  The personal property and belongings of  a wife and a child living with his 
mother. 
10.  Any other matter arising out of the Nikahnama.] 
9
[PART II 
Offences and aid and abetment thereof under section 337 -A(i), 337-F(i), 341, 342, 
343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of 1860)] 
 
 
 
                                                           
1Inserted by the Family Courts (Amendment ) Ordinance, 2002 (LV of  2002), published in the Gazette of Pakistan 
(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 20(a). 
2Added by the Ordinance ibid., s. 20(b). 
3Ibid., s.20(c). 
4Inserted vide Home Department‘s Notification No. SO(Judl -III)4-19/2019, dated August 22, 2019, published in the Punjab 
Gazette (Extraordinary), dated August 22, 2019, p. 529. 
5Added by the West Pakistan Family Courts (Amendment) Ordinance, 196 9 (I of 196 9), published in the Gazette of West 
Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 8. 
6Added by the West Pakistan Family Courts (Amendment) Ordinance, 19 97 (VII of 1997), published in the Gazette of West 
Pakistan (Extraordinary), Part I, dated April 26, 1997, pp. 1063-1064, s. 2. 
7Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 20(d). 
8Substituted for Serial No. 9 by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the  Punjab Gazette 
(Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 15. 
9Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), 
dated October 1, 2002, pp. 1211-1218, s. 20(d).