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.

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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