Family Court can adopt every procedure/law in furtherance of dispensation of justice unless the procedure/law going to be adopted is specifically prohibited.

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‖.  

Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.

WP- Family Law
21213-14

2014 LHC 6331