11. Learned counsel for the petitioner
urged that according to Section-17 of the West
Pakistan Family Courts Act, 1964 provisions of
CPC and Qanun-e-Shahadat, Order, 1984 have been
made inapplicable. No doubt according to the said
barring clause provisions of CPC are not stricto
senso applicable in the family disputes but the
Family Court is vested with power to adopt its own
course provided such procedure is not against the
principle of natural justice and offends any right of
parties. Reliance is placed on case reported as
Farzana Rasool and 3 others ..V.. Dr.
Muhammad Bashir and others (2011 SCMR
1361), Muhammad Tabish Naeem Khan ..Vs..
Additional District Judge, Lahore and others
(2014 SCMR 1365). Therefore, it can safely be
concluded that in the family disputes powers of
Appellate Court are wider than the ordinary Civil
Appellate Court and in order to do complete justice
it can mould/modify the relief in favour of nonappealing party.
Part of Judgment of
Lahore High Court
WP- Family Law
1447-10
2015 LHC 8916
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