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 to meet the situation to
do the substantial justice between the parties and
to secure the ends of justice. Since the act, 1964
ibid is not comprehensive enough to meet every
conceivable eventuality. So, the Family Court can
adopt every procedure/law in furtherance of
dispensation of justice unless the procedure/law
going to be adopted is specifically prohibited. The
Family Court when came across the situation of
failure of the defendants to file written statement,
borrowed the provision of striking off defence
from the C.P.C. and passed an order in this
regard, then the said Court while facing the
situation of review of the same can take shelter of
non-availability of the provisions of review in the
Act, 1964 ibid? No. the Family Court cannot
refuse to exercise the jurisdiction on the ground
of non-availability of the provision of review. It is the principle of law that recourse to general law is
permissible when the provisions of special law are
silent on a particular point except where the
provisions of general law are inconsistent with the
provisions of special law".
Hence in respectful agreement of the view above, the 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.
Part of Judgment :
IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.
WP- Family Law
21213-14
21213-14
2014 LHC 6331
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