14. It is a settled principle of law that purpose of
enacting the special law regarding family disputes is
to advance justice and to avoid technicalities, which
are hindrance in providing ultimate justice to the
parties. The West Pakistan Family Courts Act, 1964
was promulgated for the expeditious settlement and
disposal of disputes relating to the marriages and other family affairs and special procedure was
provided to achieve this object. The purpose of
enacting Family Courts Act, 1964 is to frustrate the
technicalities for the purpose of justice between
parties in shortest possible time. The provisions of
Civil Procedure Code, 1908 as well as Qanun-eShahadat Order, 1984 are not applicable in stricto
senso to the proceedings before the Family Court by
virtue of Section 17 of the Family Courts Act, 1964.
Family Court has to regulate its own proceedings in
accordance with the provisions of the Act, 1964 as
the evidence adduced before the Family Court
cannot be evaluated and appraised in the manner as
it is appreciated in the cases presented under Civil
Procedure Code, 1908. A mere fact that a party did
not finally prove the receipts of dowry articles in
evidence have no legal consequence. Reliance is placed on case law reported as “Mst. Shakeela Bibi
Vs. Muhammad Israr and others”(2012 MLD 756).
Part of Judgment :
THE LAHORE HIGH COURT, BAHAWALPUR BENCH BAHAWALPUR
WP- Family Law
2673-14
2014 LHC 7190
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