14. Similarly in Benedict F.D. Souza v. Karachi Building
Control Authority and 3 others (1989 SCMR 918) it was
observed that; "Factual controversies involved in the case, could
not be solved without a full-fledged trial.
Accordingly we find that the approach of the High
Court in its discretionary writ jurisdiction to
decline relief to the petitioner, was
unexceptionable. No justification has...
Family Court has the power to review its own order, however, only to the limited extent and that too if the order under review is due to the reason mentioned in guideline (vi) above OR the order reviewed falls in the settled parameters of review
18. It is however necessary to mention here that although
provision of review is not provided in the West Pakistan
Family Court Act, 1964, however, in view of the law laid down
by the Hon’ble Peshawar High Court in Muhammad Saad
Ali & 2 others Vs. Mst. Maryam Khan & 2 others (2014 CLC
715) wherein it was held as under:-
―"The Family Court has got every jurisdiction to
adopt any procedure/law...
Administration of justice laid down certain guidelines
15. This court in the case of Mst. Sitwat Chughtai and
another v. Judge, Family Court, Lahore and another (PLD
2009 Lahore 18) for administration of justice laid down
certain guidelines in the following manner:- (i) Purpose behind insertion of section 17-A in
Family Courts Act, 1964 is to ensure that during
pendency of proceedings with Family Court,
financial constraints faced by minors are
ameliorated; (ii)...
Family Court has the power to pass interim maintenance order at any stage of the suit.
12. Under the above provision, Family Court has the
power to pass interim maintenance order at any stage of the
suit. Normally it is passed after filing of the written statement
on behalf of the respondent/defendant in the suit. Now if the
defendant found the same to be excessive or if the order
suffers from some illegality or irregularity or it is arbitrary,
fanciful, void ab-initio, without jurisdiction...
Rigidity in the operation of a legal system is a sign of weakness, not strength.
10. However, as Lord Nicholls of Birkenhead has held in
Spectrum Plus Limited and others Vs. National Westminster
Bank PLC ([2005] 2 AC 680) as under; ―Rigidity in the operation of a legal system is a
sign of weakness, not strength. It deprives a legal
system of necessary elasticity. Far from achieving
a constitutionally exemplary result, it can produce
a legal system unable to function effectively...
Erred in law while transferring the family suit to the court of learned Guardian Judge who lacks jurisdiction to hear and try the family cases
3. It is argued by the learned counsel for the petitioner
that the learned District Judge erred in law while transferring
the family suit to the court of learned Guardian Judge who
lacks jurisdiction to hear and try the family cases. Places
reliance on the case of Major Muhammad Khalid Karim v. Mst.
Saadia Yaqub and others (PLD 2012 Supreme Court 66).Part of Judgment : LAHORE HIGH COURT WP-...
Interim order is maintainable.
5. Learned counsel for the petitioner/father relied upon
Irfan Ahmed v. II-Judicial Magistrate East, at Karachi and
another 2006 MLD 135 (Karachi) and Mst. Samina Afzaal & 5
others Vs. Additional District Judge and another 2010 MLD 52
(Lahore) to state that writ petition against interim order is
maintainable. Further states that no appeal is available
against interim order, therefore writ petition...
Right of appeal from the interim order could not be bypassed by bringing under attack such interim orders in constitutional jurisdiction.
9. It has been observed that interlocutory order is an
order in which no final verdict is pronounced, but an ancillary
order is passed with the intention to keep the same operative
till final order/decision is passed in the pending matter. It is
also observed that under the relevant laws legislature has not
provided remedy of appeal, revision or review against an
interim order, therefore Hon’ble Supreme...
State of law, practice, procedures and proceedings in the Courts of law, that wrong orders should be corrected at the time they are passed
Also in Mohtarma Benazir Bhutto, MNA and Leader of the
Opposition, Bilawal House, Karachi Vs. The State (1999 SCMR
1447) the Hon’ble Supreme Court held:-- "It is well settled that orders at the interlocutory
stages should not be brought to the higher Courts to
obtain fragmentary decision, as it tends to harm the
advancement of fair play and justice, curtailing
remedies available under the law,...
Against interim order lies only if the order passed by the Learned Family Court is illegal, mala fide or without jurisdiction.
6. On the other hand, learned counsel for the
respondent/mother states that writ against interim order lies
only if the order passed by the Learned Family Court is
illegal, mala fide or without jurisdiction. In this regard relied
upon Awais Khalid Vs. Judge Family Court and others 2011
YLR 3034 (Lahore) and Abrar Hussain Vs. Mehwish Rana & 3
others (PLD 2012 Lahore 420).Part of Judgment : IN...
Where factual controversies are involved, Constitution petition in the High Court is not the proper remedy
In this regard reference is made to the judgment reported as
Muhammad Younus Khan and 12 others Vs. Government of
N.W.F.P through Secretary, Forest and Agriculture, Peshawar
and others (1993 SCMR 618) wherein Hon’ble Supreme
Court held as under:-- "It is a consistent view of this Court that in cases
where factual controversies are involved,
Constitution petition in the High Court is not the
proper...
Appellate Court has not recorded issue wise findings as such its judgment is not sustainable being violative of the provisions of Order XLI Rule 31 of CPC is concerned
6. So far as the objection of the learned
counsel that the learned Appellate Court has not
recorded issue wise findings as such its judgment is
not sustainable being violative of the provisions of
Order XLI Rule 31 of CPC is concerned, no doubt
the learned Appellate Court does not strictly
comply with the aforesaid provisions of law while
rendering impugned judgment but it is settled principle...
DNA test is not a conclusive proof
4. In support of the petition, the learned counsel for the
petitioner has reiterated the contents of the writ petition. He has
also placed reliance on the judgments reported as “Aman Ullah v.
The State” (PLD 2009 S.C. 542) and “Naseer Ahmad v. Mst.
Azrah and another” (PLD 2010 Karachi 61) to urge that DNA
test is not a conclusive proof of parentage and that Birth
Certificate and School Leaving Certificates...
Price of dowry articles has also been very cautiously assessed by the learned Judge Family Court and affirmed by the learned Appellate Court
8. It is custom in our country that
parents do give dowry articles to their daughters
merely as a token of love and symbol of honour and
the petitioner has miserably been failed to bring on
record anything from which it could be inferred that
something contrary to the settled norms was
happened in respondent’s case. The learned courts
below already keeping in view the financial status
of respondent’s...
Importance of DNA test in this day
7. When asked as to what loss, if any, was to be caused to Mst.
Shahnaz Akhtar, the petitioner if the DNA test was conducted as
ordered by the learned Judge Family Court, the learned counsel for
the petitioner evaded and ducked the question. It was simply urged
by him that the learned Judge Family Court is not vested with any
authority to pass any such order and that the disputed as to the parentage...
While making claim of dowry articles, is required to prove the case, in requirement of Qanun-e-Shahadat Order, 1984,
6. 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...
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