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  "title": "FAMILY COURTS ACT, 1964",
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  "text": "Family Courts \r\n1964: Act XXXV \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Establishment of Family Courts. \r\n4. Qualifications of Judge. \r\n5. Jurisdiction. \r\n6. Place of sittings. \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\n12-A. 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\n17-A. Suit for maintenance. \r\n17-B. Power of the Court to issue Commission. \r\n18. Appearance through agents. \r\n19. Court fee. \r\n20. Family Court as Judicial Magistrate. \r\n21. Provisions of Muslim Family Laws Ordinance, 1961 not affected. \r\nTHE FAMILY COURTS ACT, 1964 \r\n(XXXV of 1964) \r\n \r\n21A. Interim order pending suit. \r\n21-B. Intimation to Arbitration Council. \r\n22. Bar on the issue of injunctions by Family Court. \r\n23. Validity of marriages registered under the Muslim Family Laws \r\nOrdinance, 1961, not to be questioned by Family Courts. \r\n24. Family Courts to inform Union Councils of cases not registered under \r\nthe Muslim Family Laws Ordinance, 1961. \r\n25. Family Court deemed to be a District Court for purposes of Guardians \r\nand Wards Act, 1890. \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\nTEXT \r\n1\r\nTHE \r\n2\r\n[**] FAMILY COURTS ACT, 1964 \r\n(XXXV of 1964) \r\n[18 July 1964] \r\nAn \r\nAct \r\nto make provision for the establishment of Family Courts. \r\nPreamble.– WHEREAS it is expedient to make provision for the establishment of \r\nFamily Courts for the expeditious settlement and disposal of disputes relating to \r\nmarriage and family affairs and for matters connected therewith; \r\n  It is hereby enacted as follows:– \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\n3\r\n[**] \r\nFamily Courts Act, 1964. \r\n \r\n4\r\n[(2) It extends to the whole of the Punjab.] \r\n (3) It shall come into force in such area or areas and on such date or dates \r\nas Government may, by notification in the Official Gazette, specify in this behalf. \r\n \r\n5\r\n[(4) Nothing in this Act shall apply to any suit, or any application under the \r\nGuardians and Wards Act, 1890, p ending for trial or hearing in any Court \r\nimmediately before the coming into force of this Act, and all such suits and \r\napplications shall be heard and disposed of as if this Act were not in force. \r\n (5) Any suit, or any application under the Guardians and Wa rds Act, 1890, \r\nwhich was pending for trial or hearing in any Court immediately before the coming \r\ninto force of this Act, and which has been dismissed solely on the ground that such \r\nsuit or application is to be tried by a Family Court established under this  Act, shall, \r\nnotwithstanding anything to the contrary contained in any law, on petition made to it \r\nin that behalf by any party to the suit or application, be tried and heard by such Court \r\nfrom the stage at which such suit or application had reached at the time of its \r\ndismissal.] \r\n2. Definitions.– \r\n6\r\n[(1)] In this Act, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n                                                           \r\n1For Statement of Objects and Reasons see Gazette of West Pakistan (Extraordinary), dated April  6, 1964, pp. 1153-P-1155-\r\nW. This Act was passed by the West Pakistan Assembly on June  30, 1964, assented to by the Governor of West Pakistan on  \r\nJuly 14, 1964, published in the Gazette of  West Pakistan (Extraordinary), dated July 18, 1964, pp. 2427-2434. \r\n2Omitted the words “West Pakistan” by the West Pakistan Family Courts (Amendment) Act, 199 6 (Federal Act X of 199 6), \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated August 5, 1994, pp. 1295-1296, s. 2.  \r\n3Ibid.  \r\n4Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 2. \r\n5Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West \r\nPakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 2. \r\n6Section 2 re-numbered as sub-section (1) of that section by the West Pakistan Famil y Courts (Amendment) Ordinance, 1966 \r\n(X of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 3. \r\n(a) “Arbitration Council” and “Chairman” shall have the meanings \r\nrespectively assigned to them in the Muslim Family Laws Ordinance, \r\n1961; \r\n(b) “Family Court” means a Court constituted under this Act; \r\n1\r\n[(c) “Government” means Government of the Punjab;] \r\n(d) “party” shall include any person whose presence as su ch is considered \r\nnecessary for a proper decision of the dispute and whom the Family \r\nCourt adds as a party to such dispute; \r\n(e) “prescribed” means prescribed by rules made under this Act \r\n2\r\n[;] \r\n3\r\n[(f) “Schedule” means the Schedule appended to the Act; and \r\n(g) “Union Council” means a Union Council, Municipal Committee, \r\nCantonment Board, Union Administration or, in case of absence of any \r\nof these local governments in a local area, any other comparable body \r\nor authority constituted under any law relating to the lo cal governments \r\nor local authorities.] \r\n4\r\n[(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\n5\r\n[3. Establishment of Family Courts .– (1) Government sh all establish one or \r\nmore Family Courts in each District or at such other place or places as it may deem \r\nnecessary and appoint a Judge for each of such Courts: \r\n  Provided that at least one Family Court in each District, shall be presided over \r\nby a woman Ju dge to be appointed within a period of six months or within such \r\nperiod as the \r\n6\r\n[Government may extend]. \r\n (2) A woman Judge may be appointed for more than one District and in \r\nsuch cases the woman Judge may sit for the disposal of cases at such place or \r\nplaces in either District, as the \r\n7\r\n[*] Government may specify. \r\n (3) Government shall, in consultation with the High Court, appoint as many \r\nwoman Judges as may be necessary for the purposes of sub-section (1)]. \r\n4. Qualifications of Judge .– \r\n8\r\n[No person shall be  appointed as a Judge of a \r\nFamily Court unless he is or has been \r\n1\r\n[or is qualified to be appointed as] a District \r\n                                                           \r\n1Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 3(a). \r\n2Substituted for full stop by the Act ibid., s. 3(b). \r\n3Inserted by the Act ibid. \r\n4Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West \r\nPakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 3. \r\n5Substituted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 2. \r\n6Substituted for the words “Federal Government may, on the request of Provincial Government, extend” by the Family Courts \r\n(Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. \r\n4(a). \r\n7Omitted the word “Provincial” by the Punjab Family Courts (Amendment) Act , 2015 (XI of 2015) , published in the Punjab Gazette \r\n(Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 4(b). \r\n8Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West Pakistan \r\n(Extraordinary), dated April 4, 1966, pp. 753-755, s. 5. \r\nJudge, an Additional District Judge \r\n2\r\n[, a Civil Judge or a Qazi appointed under the \r\nDastur-ul-Amal Diwani, Riasat Kalat].] \r\n5. Jurisdiction.– \r\n3\r\n[(1)] Subject to the provisions of the Muslim Family Laws \r\nOrdinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts \r\nshall have exclusive jurisdiction to entertain, hear and adjudicate upon matters \r\nspecified in the \r\n4\r\n[Part I of the Schedule]. \r\n \r\n5\r\n[(2) Notwithstanding anything contained in the Code of Criminal Procedure, \r\n1898 (Act V of 1898), the Family Court shall have jurisdiction to try the offences \r\nspecified in Part II of the Schedule, where one of the spouses is victim of an offence \r\ncommitted by the other. \r\n \r\n6\r\n[(3) The Government may amend the Schedule through addition, deletion \r\nor substitution of any entry in the Schedule.]]  \r\n6. Place of sittings.– Subject to any general or special orders of Government in \r\nthis behalf, a Family Court shal l hold its sittings at such place or places within \r\n7\r\n[the \r\nDistrict or area for which it is established] as may be specified by the District Judge. \r\n7. Institution of suits .– (1) Every suit before a Family Court shall be instituted \r\nby the presentation of a pl aint or in such other manner and in such Court as may be \r\nprescribed. \r\n (2) The plaint shall contain all \r\n8\r\n[material] facts relating to the dispute and \r\nshall contain a Schedule giving the number of witnesses intended to be produced in \r\nsupport of the plaint, t he names and addresses of the witnesses and a brief \r\nsummary of the facts to which they would depose: \r\n \r\n9\r\n[Provided that a plaint for dissolution of marriage may contain all claims \r\nrelating to dowry, maintenance, dower, personal property and belongings of wif e, \r\ncustody of children and visitation rights of parents to meet their children.] \r\n Provided \r\n10\r\n[further] that parties may, with the permission of the Court, call any \r\nwitness at any later stage, if the Court considers such evidence expedient in the \r\ninterest of justice. \r\n1\r\n[(3) (i) Where a plaintiff sues or relies upon a document in his \r\npossession or power, he shall produce it in court when the plaint is presented, and \r\n                                                                                                                                                                                     \r\n1Inserted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), published in the Gazette of Paki stan \r\n(Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 3. \r\n2Substituted for the words “or a Civil Judge” by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the \r\nGazette of West Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 2. \r\n3Renumbered by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan (Extraordinary), \r\ndated October 2, 2002, pp. 1211-1218, s. 2(a). \r\n4Substituted for the words “the Schedule” by the Ordinance ibid.  \r\n5Added subsections (2) and (3) by the Ordinance ibid., s. 2(b). \r\n6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated March \r\n18, 2015, pp. 3439-3442, s. 5. \r\n7Substituted for the words “the districts” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 6.  \r\n8Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the Gazette of West \r\nPakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 7.  \r\n9Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 2, 2002, pp. 1211-1218, s. 3(a). \r\n10Ibid. \r\nshall at the same time, deliver the document or a copy thereof to be filed with the \r\nplaint. \r\n(ii) Where he relies on any other document, not in his possession or \r\npower, as evidence in support of his claim, he shall enter  such \r\ndocuments in a list to be appended to the plaint \r\n2\r\n[giving reasons of \r\nrelevancy of these documents to the claim in the plaint.]] \r\n(4) The plaint shall be accompanied by as many duplicate copies thereof \r\n[including the Schedule and the lists of documents referred to in sub -section (3)], as \r\nthere are defendants in the suit, for service upon the defendants. \r\n3\r\n[\r\n4\r\n[8. Intimation to defendant.– (1) When a plaint is presented to a Family Court, it \r\nshall: \r\n(a) fix a date which shall not be more than fifteen days for the appearance \r\nof the defendant; \r\n(b) within two days of the presentation of the plaint, send a notice or \r\nsummons of the suit to a d efendant through a process serving agency \r\nof the Family Court, through registered post acknowledgment due, \r\nelectronically or through courier, together with a copy of the plaint, a \r\ncopy of the Schedule referred to in subsection (2) of section 7 and \r\ncopies o f the documents and a list of documents referred to in \r\nsubsection (3) of section 7; and \r\n(c) direct that the notice or summons issued under clause (b) also be \r\nserved through affixation and shall simultaneously issue a proclamation \r\nin a newspaper. \r\n(2) While issuing the notice or summons to a defendant, the Family Court \r\nshall require the defendant to submit a written statement on the day mentioned in the \r\nnotice or summons.]] \r\n5\r\n[9. Written statement .– \r\n6\r\n[(1) On the date fixed under section 8, the defendant \r\nshall appear before the Family Court and file the written statement, a list of \r\nwitnesses and gist of evidence, and in case the written statement is not filed on that \r\ndate, the Family Court may, for any sufficient reasons which prevented the \r\ndefendant from submit ting the written statement, allow the defendant to submit the \r\nwritten statement and other documents on the next date which shall not exceed \r\nfifteen days from that date.] \r\n                                                                                                                                                                                     \r\n1Substituted subsection (3) by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 3. \r\n2Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 2, 2002, pp. 1211-1218, s. 3(b). \r\n3Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan \r\n(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 4. \r\n4Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 6.  \r\n5Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan \r\n(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 5. \r\n6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 7(a). \r\n1\r\n[(1a) A defendant husband may, where no earlier suit for restitution of \r\nconjugal rights is pending, claim for a decree of restitution of conjugal rights in his \r\nwritten statement to a suit for dissolution of marriage or maintenance, which shall be \r\ndeemed as a plaint and no separate suit shall lie for it.  \r\n(1b) A defendant wife may, in the written statement to a suit for restitution of \r\nconjugal rights, make a claim for dissolution of marriage including khula which shall \r\nbe deemed as a plaint and no separate suit shall lie for it:  \r\n Provided that the proviso to sub -section (4) of section 10 sh all apply where \r\nthe decree for dissolution of marriage is to be passed on the ground of khula.] \r\n(2) Where a defendant relies upon a document in his possession or power, \r\nhe shall produce it or a copy thereof in the Court along with the written statement. \r\n(3) Where he relies on any other document, not in his possession  or \r\npower, as evidence in support of his written statement, he shall enter such \r\ndocuments in a list to be appended to the written statement \r\n2\r\n[giving reasons of \r\nrelevancy of these documents to the defence in the written statement.] \r\n (4) Copies of the written statement, list of witnesses and precis of \r\nevidence referred to in sub -section (1) and the documents referred to in sub -section \r\n(2) shall be given to the plaintiff, his agent or advocate present in the Court. \r\n (5) If the defendant fails to appear on the date fixed by the Family Court for \r\nhis appearance, then– \r\n(a) if it is proved that the summons or notice was duly served on the \r\ndefendant, the Family Court may proceed ex parte ; provided that \r\nwhere the Family Court has adjourned the hearing of the suit ex parte, \r\nand the defendant at or before such hearing appears and assigns good \r\ncause for his previous non -appearance, he may, upon such terms as \r\nthe Family Court directs, be heard in answer to the s uit as if he had \r\nappeared on the day fixed for his appearance; and \r\n(b) if it is not proved that the defendant was duly served as provided in \r\nsub-section (4) of section 8, the Family Court shall issue fresh \r\nsummons and notices to the defendant and cause the  same to be \r\nserved in the manner provided in clauses ( b) and (c) of sub-section (1) \r\nof section 8. \r\n3\r\n[(5A) If the defendant fails to submit the written statement on or before the \r\ndate under subsection (1), the defence of the defendant shall stand struck off and \r\nthe Family Court shall decide the case under the law.] \r\n  (6) In any case in which a decree is passed ex parte against a defendant \r\nunder this Act, he may apply within \r\n4\r\n[thirty days of the service of notice under sub -\r\nsection (7) of the passing of the decree] to the Family Court by which the decree was \r\n                                                           \r\n1Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated October 1, 2002, pp. 1211-1218, s. 5(i). \r\n2Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated October 1, 2002, pp. 1211-1218, s. 5(ii). \r\n3Inserted by the Family Courts (Amen dment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 7(b). \r\n4Substituted for the words “reasonable time of the passing thereof” by the Family Courts (Amendment) Ordinance, 2002 (LV of \r\n2002), published in the Gazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 5(iii). \r\npassed for an order to set it aside, and if he satisfies the Family Court that he was \r\nnot duly served, or that he was prevented by any sufficient cause from appearing \r\nwhen the suit was heard or called for he aring, the Family Court shall, after service of \r\nnotice on the plaintiff, and on such terms as to costs as it deems fit, make an order \r\nfor setting aside the decree as against him, and shall appoint a day for proceeding \r\nwith the suit; provided that where the  decree is of such a nature that it cannot be set \r\naside as against such defendant only, it may be set aside against all or any of the \r\nother defendants also.] \r\n \r\n1\r\n[(7) The notice of passing of the ex-parte decree referred to in sub -section \r\n(6) shall be sent t o the defendant by the Family Court together with a certified copy \r\nof the decree within three days of the passing of the decree, through process server \r\nor by registered post, acknowledgement due, or through courier service or any other \r\nmode or manner as it may deem fit. \r\n  (8) Service of notice and its accompaniment in the manner provided in \r\nsub-section (7) shall be deemed to be due service of the notice and decree on the \r\ndefendant.]  \r\n10. Pre-trial proceedings .– \r\n2\r\n[(1) When the written statement is filed, the  Court \r\nshall fix an early 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 \r\nstatement (if any) and the precis of evidence and documents filed by the parties and \r\nshall also, if it so deems fit, hear the parties and their Counsel. \r\n \r\n3\r\n[(3) The Family Court may, at the pre -trial stage, ascertain the precise \r\npoints of controversy between the parties and attempt to effect compromise between \r\nthe parties.] \r\n \r\n4\r\n[(4) Subject to subsection (5), if compro mise is not possible between the \r\nparties, the Family Court may, if necessary, frame precise points of controversy and \r\nrecord evidence of the parties.] \r\n \r\n5\r\n[(5) In a suit for dissolution of marriage, if reconciliation fails, the Family \r\nCourt shall immediately  pass a decree for dissolution of marriage and, in case of \r\ndissolution of marriage through khula, may direct the wife to surrender up to fifty \r\npercent of her deferred dower or up to twenty -five percent of her admitted prompt \r\ndower to the husband. \r\n (6) Subject to subsection (5), in the decree for dissolution of marriage, the \r\nFamily Court shall direct the husband to pay whole or part of the outstanding \r\ndeferred dower to the wife.] \r\n                                                           \r\n1Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 5(iv). \r\n2Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), published in the Gazette of West Pakistan \r\n(Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 6(a). \r\n3Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 8(a). \r\n4Ibid., s.8(b). \r\n5Inserted by the Act ibid., s.8(c). \r\n11. Recording of evidence .– (1) On the date fixed for \r\n1\r\n[\r\n2\r\n[recording of the \r\nevidence]], the Family Court shall examine the witnesses produced by the parties in \r\nsuch order as it deems fit. \r\n \r\n3\r\n[(1A) The Family Court shall record or cause to be recorded, the substance \r\nof the statement of a witness or may record or cause to be recorded, th e statement \r\nof a witness through audio or video recording.]  \r\n (2) The Court shall not issue any summons for the appearance of any \r\nwitness unless, within three days of the framing of issues, any party intimates the \r\nCourt that it desires a witness to be summ oned through the Court and the Court is \r\nsatisfied that it is not possible or practicable for such party to produce the witness. \r\n4\r\n[(3) The witnesses shall give their evidence in their own words: \r\n Provided that the parties or their counsel may further examin e, cross-examine \r\nor re-examine the witnesses: \r\n Provided further that the Family Court may forbid any question which it \r\nregards as indecent, scandalous or frivolous or which appears to it to be intended to \r\ninsult or annoy or needlessly offensive in form.] \r\n5\r\n[(3-A) The Family Court may, if it so deems fit, put any question to any \r\nwitness for the purposes of elucidation of any point which it considers material in the \r\ncase.] \r\n (4) The Family Court may permit the evidence of any witness to be given \r\nby means of an affidavit: \r\n Provided that if the Court deems fit it may call such witness for the purpose of \r\nexamination in accordance with sub-section (3). \r\n12. Conclusion of trial.– (1) After the close of evidence of both sides, the Family \r\nCourt shall make another effort  to effect a compromise or reconciliation between the \r\nparties \r\n6\r\n[within a period not exceeding fifteen days]. \r\n (2) If such compromise or reconciliation is not possible, the Family Court \r\nshall announce its judgment and give a decree. \r\n7\r\n[\r\n8\r\n[12-A. Cases to be disposed of within a specified period .– A Family Court \r\nshall dispose of a case, including as a suit for dissolution of marriage, within a period \r\nof six months from the date of institution: \r\n                                                           \r\n1Substituted for the words “recording of evidence” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of \r\n1966), published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 10.  \r\n2Substituted for the words “the hearing of the evidence” by the West Pakistan Family Courts (Amendment) Ordinance,  1969 (I \r\nof 1969), published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 7(a). \r\n3Inserted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 9. \r\n4Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1969 (I of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 7(b). \r\n5Added by the Ordinance ibid., s. 7(a). \r\n6Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 7. \r\n7Inserted by the West Pakistan Family Courts (Amendment) Act, 199 6 (Federal Act X  of 1996), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated August 5, 1994, pp. 1295-1296, s. 3. \r\n8Substituted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 8.  \r\n Provided that where a case is not disposed of within six months eith er party \r\nshall have a right to make an application to the High Court for necessary direction as \r\nthe High Court may deem fit.]] \r\n13. Enforcement of decrees.– (1) The Family Court shall pass a decree in such \r\nform and in such manner as may be prescribed, and s hall enter its particulars in the \r\nprescribed register. \r\n (2) If any money is paid or any property is delivered in the presence of the \r\nFamily Court, in satisfaction of the decree, it shall enter the fact of payment \r\n1\r\n[or] the \r\ndelivery of property, as the case may be, in the aforesaid register. \r\n (3) Where a decree relates to the payment of money and the decretal \r\namount is not paid within time specified by the Court \r\n2\r\n[not exceeding thirty days], the \r\nsame shall, if the Court so directs, be recovered as arrears of  land revenue, and on \r\nrecovery shall be paid to the decree-holder. \r\n (4) The decree shall be executed by the Court, passing it or by such other \r\nCivil Court as the District Judge may, by special or general order, direct. \r\n (5) A Family Court may, if it so dee ms fit, direct that any money to be paid \r\nunder a decree passed by it be paid in such installments as it deems fit. \r\n14. Appeals.– \r\n3\r\n[(1) Notwithstanding anything provided in any other law for the \r\ntime being in force, a decision given or a decree passed by a Family Court shall be \r\nappealable– \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 \r\nto be of the rank and status of a District Judge or an Additional District  \r\nJudge; and \r\n(b) to the District Court, in any other case.] \r\n(2) No appeal shall lie from a decree passed by a Family Court– \r\n(a) for dissolution of marriage, except in the case of dissolution for reasons \r\nspecified in clause (d) of item (viii) of section 2 of  the Dissolution of \r\nMuslim Marriages Act, 1939; \r\n(b) for dower \r\n4\r\n[or dowry] not exceeding rupees \r\n5\r\n[\r\n6\r\n[\r\n7\r\n[one hundred \r\nthousand]]]; \r\n(c) for maintenance of rupees \r\n1\r\n[\r\n2\r\n[\r\n3\r\n[five thousand]]] or less per month. \r\n                                                           \r\n1Substituted for the word “and” by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), published in the \r\nGazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 11.  \r\n2Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 9. \r\n3Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), publishe d in the Gazette of West \r\nPakistan (Extraordinary), dated April 4, 1966, pp. 753-755, s. 12. \r\n4Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(1)(i). \r\n5Substituted for the words “one thousand” by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of \r\n1994), published in the Gazette of Pakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 4(i). \r\n6Substituted for the words “fifteen thousand” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the \r\nGazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(1)(ii).  \r\n7Substituted for the words “thirty thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab \r\nGazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 10(a). \r\n4\r\n[(3) No appeal or revision shall lie against an interim o rder passed by a \r\nFamily Court. \r\n(4) The appellate court referred to in sub -section (1) shall dispose of the \r\nappeal within a period of four months.] \r\n15. Power of Family Court to summon witnesses .– (1) A Family Court may \r\nissue summons to any person to appear and give evidence, or to produce or cause \r\nthe production of any document: \r\n Provided that– \r\n(a) no person who is exempt from personal appearance in a Court under \r\nsub-section (1) of section 133 of the Code of Civil Procedure, 1908, \r\nshall be required to appear in person; \r\n(b) a Family Court may refuse to summon a witness or to enforce a \r\nsummons already issued against a witness when, in the opinion of the \r\nCourt, the attendance of the witness cannot be procured without such \r\ndelay, expense or inconvenience as in th e circumstances would be \r\nunreasonable. \r\n (2) If any person to whom a Family Court has issued summons to appear \r\nand give evidence or to cause the production of any document before it, willfully \r\ndisobeys such summons, the Family Court may take cognizance of s uch \r\ndisobedience, and after giving such person an opportunity to explain, sentence him \r\nto a fine \r\n5\r\n[\r\n6\r\n[of five thousand]] rupees. \r\n16. Contempt of Family Courts .– A person shall be guilty of contempt of the \r\nFamily Court if he, without lawful excuse– \r\n(a) offers any insult to the Family Court; or \r\n(b) causes an interruption in the work of the Family Court; or \r\n7\r\n[(bb) misbehaves with any person in the court premises or uses abusive \r\nlanguage, threats or uses physical force or intimidates in any form; or] \r\n(c) refuses to answer any question put by the Family Court, which he is \r\nbound to answer; or \r\n(d) refuses to take oath to state the truth or to sign any statement made by \r\nhim in the Family Court;  and the Family Court may forthwith try such \r\n                                                                                                                                                                                     \r\n1Substituted for the words “twenty-five” by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994), \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated December 4, 1994, pp. 915-916, s. 4(ii). \r\n2Substituted for the words “five hundred” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the \r\nGazette of Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 10(a)(2). \r\n3Substituted for the words “ one thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab \r\nGazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 10(b). \r\n4Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 10(b). \r\n5Substituted for the word “hundred” by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette \r\nof Pakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 11. \r\n6Substituted for the words “ not exceeding one thousand” by the Family Courts (Amendment) Act, 2015 (XI of 2015), published \r\nin the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 11. \r\n7Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 12(a). \r\nperson for such contempt and sentence him to a fine not exceeding \r\nrupees \r\n1\r\n[two thousand]. \r\n17. Provisions of Evidence Act and Code of Civil Procedure not to apply .– \r\n(1) Save as otherwise expressly provided by or under this Act, the provisions of the \r\n2\r\n[Qanun-e-Shahadat, 1984 (P.O. No. 1 0 of 1984)], and the Code of Civil Procedure, \r\n1908, \r\n3\r\n[except sections 10 and 11,] shall not apply to proceedings before any Family \r\nCourt. \r\n (2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings \r\nbefore the Family Courts \r\n4\r\n[in respect of Part I of Schedule]. \r\n5\r\n[\r\n6\r\n[17-A. Suit for maintenance.– (1) In a suit for maintenance, the Family Court \r\nshall, on the date of the first appearance of the defendant, fix interim monthly \r\nmaintenance for wife or a child and if the defendant fails to pay the mai ntenance by \r\nfourteen day of each month, the defence of the defendant shall stand struck off and \r\nthe Family Court shall decree the suit for maintenance on the basis of averments in \r\nthe plaint and other supporting documents on record of the case. \r\n(2) In a decree for maintenance, the Family Court may: \r\n(a) fix an amount of maintenance higher than the amount prayed for in the \r\nplaint due to afflux of time or any other relevant circumstances; and \r\n(b) prescribe the annual increase in the maintenance. \r\n(3) If the Fam ily Court does not prescribe the annual increase in the \r\nmaintenance, the maintenance fixed by the Court shall automatically stand increased \r\nat the rate of ten percent each year. \r\n(4) For purposes of fixing the maintenance, the Family Court may summon \r\nthe re levant documentary evidence from any organization, body or authority to \r\ndetermine the estate and resources of the defendant.]] \r\n7\r\n[17-B. Power of the Court to issue Commission .– Subject to such conditions and \r\nlimitations as may be prescribed, the Court may issue 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\n                                                           \r\n1Substituted for the words “two hundred” by the Ordinance ibid., s. 12(b). \r\n2Substituted for the words, comma and figure “Evidence Act, 1872” by the Ordinance ibid., s. 13(a). \r\n3Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 196 7 (XV of 1967), published in the Gazette of West \r\nPakistan (Extraordinary), dated October 21, 1967, pp. 2988-A-2988-B, s. 2.  \r\n4Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 13(b). \r\n5Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 14. \r\n6Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 12. \r\n7Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 14. \r\n18. Appearance through agents.– If a person required under this Act to appear \r\nbefore a Family Court, otherwise than as a witness, is a pardah nashin  lady, the \r\nFamily Court may permit her to be represented by a duly authorised agent. \r\n \r\n1\r\n[19. Court fee.– Notwithstanding anything contained in the Court Fees Act, 1870 \r\n(VII of 1870), the court fee to be paid on any plaint or memorandum of appeal shall \r\nbe rupees fifteen for any kind of suit or appeal under this Act.] \r\n  \r\n2\r\n[\r\n3\r\n[20. Family Court as Judicial Magistrate .– (1) A Family Court shall be deemed \r\nas the Judicial Magistrate of the first class under the Code of Criminal Procedure, \r\n1898 (V of 1898) for taking cognizance and trial of any offence under this Act; the \r\nMuslim Family Laws Ordinance, 1961  (VIII of 1961); and, the Child Marriage \r\nRestraint Act, 1929 (XIX of 1929). \r\n(2) A Family Court shall conduct the trial of an offence under subsection \r\n(1) in accordanc e with the provisions of Chapter XXII of the Code  of Criminal \r\nProcedure, 1898 (V of 1898) relating to the summary trials. \r\n(3) An offence other than  contempt of a Family Court shall be cognizable \r\non the complaint of the Union Council, Arbitration Council or the aggrieved party.]] \r\n4\r\n[21. Provisions of Muslim Family Laws Ordinance, 1961 not affected .– \r\nNothing in this Act shall be deemed to affect any of the provisions of Muslim Family \r\nLaws Ordinance, 1961, or the rules made thereunder.] \r\n5\r\n[21A. Interim order pending suit.– The Family Court may pass an interim order to \r\npreserve and protect any property in dispute in a suit and any other property of a \r\nparty to the suit, the preservation of which is considered necessary for satisfaction of \r\nthe decree, if and when passed.] \r\n6\r\n[21-B. Intimation to Arbitration Council .– If a Family Court decrees dissolution of \r\na Muslim marriage, the Family Court shall immediately but not later than three days \r\nfrom the decree send by registered post or other means a certified copy of the \r\ndecree to the concerned Chairman of the Arbitration Council and upon receipt of the \r\ndecree, the Chairman shall proceed as if he had received intimation of Talaq under \r\nthe Muslim Family Laws Ordinance, 1961 (VIII of 1961).] \r\n22. Bar on the issue of injunction s by Family Court.– A Family Court shall not \r\nhave the power to issue an injunction to, or stay any proceedings pending before, a \r\nChairman or an Arbitration Council. \r\n                                                           \r\n1Substituted by the Ordinance ibid., s.15. \r\n2Substituted by the Family Courts (Amendment) Ordinance, 2002 (LV of  2002), published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 16.  \r\n3Substituted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 13. \r\n4Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 19 71, published in the \r\nGazette of West Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 3. \r\n5Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 17. \r\n6Inserted by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the Punjab Gazette (Extraordinary), dated \r\nMarch 18, 2015, pp. 3439-3442, s. 14. \r\n23. Validity of marriages registered under the Muslim Family Laws \r\nOrdinance, 1961, not to b e questioned by Family Courts .– A Family Court shall \r\nnot question the validity of any marriage registered in accordance with the provisions \r\nof the Muslim Family Laws Ordinance, 1961, nor shall any evidence in regard thereto \r\nbe admissible before such Court. \r\n24. Family Courts to inform Union Councils of cases not registered under \r\nthe Muslim Family Laws Ordinance, 1961 .– If in any proceedings before a Family \r\nCourt it is brought to the notice of the Court that a marriage solemnized under the \r\nMuslim Law after the coming into force of the Muslim Family Laws Ordinance, 1961, \r\nhas not been registered in accordance with the provisions of the said Ordinance and \r\nthe rules framed thereunder, the Court shall communicate such fact in writing to the \r\nUnion Council for the area where the marriage was solemnized. \r\n25. Family Court deemed to be a District Court for purposes of Guardians \r\nand Wards Act, 1890 .– A Family Court shall be deemed to be a District Court for \r\nthe purposes of the Guardians and Wards Act, 1890, and notwithsta nding anything \r\ncontained in this Act, shall, in dealing with matters specified in that Act, follow the \r\nprocedure prescribed in that Act. \r\n1\r\n[25-A. Transfer of cases .– (1) Notwithstanding anything contained in any law, the \r\nHigh Court may, either on the applic ation of any party or of its own accord, by an \r\norder in writing– \r\n(a) transfer any suit or proceeding under this Act from one Family Court 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 \r\nCourt of one 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 \r\naccord, by an order in writing, transfer any suit or proceeding under this Act from one \r\nFamily Court to another Family Court in a district or to itself and dispose it of as a \r\nFamily Court. \r\n \r\n2\r\n[(2a) Where a Family Court remains vacant or the presiding officer remains \r\non leave or absent for any reason, except due to vacations, for more than thirty days, \r\na District Court may, either on the application of any party or of its own accord, by \r\norder in writing, transfer any suit or proceeding from such Family Court to another \r\nFamily Court in a District or to itself and dispose it of as a Family Court. \r\n  (2b) On the application of any of the parties and after notice to the parties \r\nand after hearing such of them as desire to be heard, or of its own motion without \r\nsuch notice, the Supreme Court may  at any stage transfer any suit, appeal or other \r\nproceedings under this Act pending before a Court in one Province to a Court in \r\nanother Province, competent to try or dispose of the same.] \r\n                                                           \r\n1Added by the West Pakistan Family Courts (Punjab Amendment) Ordinanc e, 1971 (XXIV of 1971, published in the Gazette of \r\nWest Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 4. \r\n2Inserted by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002) , published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 18. \r\n (3) Any Court to which a suit, appeal or proceeding is transferred  under \r\nthe preceding sub -sections, shall, notwithstanding anything contained in this Act, \r\nhave the jurisdiction to dispose it of in the manner as if it were instituted or filed \r\nbefore it: \r\n Provided that on the transfer of a suit, it shall not be necessary to commence \r\nthe proceedings before the succeeding Judge de novo unless the Judge, for reasons \r\nto be recorded in writing, directs otherwise.] \r\n1\r\n[25-B. Stay of proceedings by the High Court and District Courts .– Any suit, \r\nappeal or proceeding under this Act, may be stayed– \r\n(a) by the District Court, if the suit or proceeding is pending before a \r\nFamily Court within its jurisdiction; and \r\n(b) by the High Court, in the case of any suit, appeal or proceeding \r\n2\r\n[:]] \r\n3\r\n[Provided that the stay application shall be final ly decided by the District \r\nCourt or the High Court, as the case may be, within thirty days failing which the \r\ninterim stay order shall cease to be operative.] \r\n26. Power to make rules .– (1) Government may, by notification in the Official \r\nGazette, make rules to carry into effect the provisions of this Act. \r\n (2) Without prejudice to the generality of the provisions contained in sub -\r\nsection (1), the rules so made may, among other matters, provide for the procedure, \r\nwhich shall not be inconsistent with the provis ions of this Act, to be followed by the \r\nFamily Courts. \r\n \r\n                                                           \r\n1Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971, published in the Gazette of \r\nWest Pakistan (Extraordinary) dated December 2, 1971, pp. 1509-C-1509-E, s. 4. \r\n2Substituted for the full -stop by the Family Courts (Amendment) Ordinance, 2002 (LV of  2002), published in the Gazette of \r\nPakistan (Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 19. \r\n3Inserted by the Ordinance ibid. \r\nSCHEDULE \r\n[See Section 5] \r\n1\r\n[PART I] \r\n1. Dissolution of marriage \r\n2\r\n[, including Khula]. \r\n2. Dower. \r\n3. Maintenance. \r\n4. Restitution of conjugal rights. \r\n5.  Custody of children \r\n3\r\n[, and the visitation rights of parents to meet them]. \r\n6. Guardianship. \r\n4\r\n[6A. Matters pertaining to return of child under the Hague Convention on the Civil \r\nAspects of International Child Abduction, 1980.] \r\n5\r\n[7. Jactitation.] \r\n6\r\n[8. Dowry.] \r\n \r\n7\r\n[\r\n8\r\n[9.  The personal property and belongings of  a wife and a child living with his \r\nmother. \r\n10.  Any other matter arising out of the Nikahnama.] \r\n9\r\n[PART II \r\nOffences and aid and abetment thereof under section 337 -A(i), 337-F(i), 341, 342, \r\n343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of 1860)] \r\n \r\n \r\n \r\n                                                           \r\n1Inserted by the Family Courts (Amendment ) Ordinance, 2002 (LV of  2002), published in the Gazette of Pakistan \r\n(Extraordinary), dated October 1, 2002, pp. 1211-1218, s. 20(a). \r\n2Added by the Ordinance ibid., s. 20(b). \r\n3Ibid., s.20(c). \r\n4Inserted vide Home Department‘s Notification No. SO(Judl -III)4-19/2019, dated August 22, 2019, published in the Punjab \r\nGazette (Extraordinary), dated August 22, 2019, p. 529. \r\n5Added by the West Pakistan Family Courts (Amendment) Ordinance, 196 9 (I of 196 9), published in the Gazette of West \r\nPakistan (Extraordinary), dated March 1, 1969, pp. 340-A-340-E, s. 8. \r\n6Added by the West Pakistan Family Courts (Amendment) Ordinance, 19 97 (VII of 1997), published in the Gazette of West \r\nPakistan (Extraordinary), Part I, dated April 26, 1997, pp. 1063-1064, s. 2. \r\n7Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 20(d). \r\n8Substituted for Serial No. 9 by the Family Courts (Amendment) Act, 2015 (XI of 2015), published in the  Punjab Gazette \r\n(Extraordinary), dated March 18, 2015, pp. 3439-3442, s. 15. \r\n9Added by the Family Courts (Amendment) Ordinance, 2002 (LV of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated October 1, 2002, pp. 1211-1218, s. 20(d).",
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