Hon’ble Supreme Court in case Farzana Rasool and 3
others v. Dr. Muhammad Bashir and others (2011
SCMR 1361) at page 1373 are quite relevant which are
reproduced as under:
“So, if the provisions of the Code and the
Evidence Act were made applicable, it would
have frustrated the very object of the Act,
which requires the Special Court shall be
constituted and such Court hall have
exclusive jurisdiction in respect of the
matrimonial disputes. The object of the Act is
to shorten the agony of litigant parties and to
provide them justice as early as could be
possible. Matters pertaining to the Family
Court be of dissolution of marriage,
restitution of conjugal rights, entitlement of a
child or children or of wife to the
maintenance, payment of dower, all such
issues are required to be decided in speedy
manner, because no such issue can be left
undecided for decades; because a minor,
seeking maintenance, may become major by
the time his case is decided by the Family
Court or a wife, seeking dissolution of
marriage, may go out of marriageable age by
the time she get decided her suit for
dissolution of marriage.”
Part Of judgment of
LAHORE HIGH COURT, MULTAN BENCH, MULTAN
Writ Petition-Family-Maintenance
2932-20
| 2020 LHC 758 |
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