Family Court can grant the relief in the shape of future maintenance which if it is not claimed but they were otherwise entitled in its loco parentus capacity..........

 In the instant case, it was very much convenient for the family court to ask for the suitable amendments in the plaint or it could have itself impleaded the child as a plaintiff along with his mother and other siblings. However, in the given circumstances, we find no miscarriage of justice or that the case could have a different result if the child was technically impleaded as a party to the suit in formal manner. We reiterate that as per the Preamble of the Act, the Family Court is the forum for disposal and settlement of family disputes and matter connected there with. This disposal and settlement of dispute should not take the form and contents of adjudication. Wherever, there is a procedural convenience, subject to the command of the statute, it must be resolved in favour of the women and children.

In family court proceedings, the Code of Civil Procedure, 1908 except sections 10 & 11 shall not apply to proceedings before the family court in accordance with section 17 of the West Pakistan Family Courts Act, 1964. Even under the relevant provisions of the regular procedure provided for the civil matters i.e. CPC on the basis of mis-joinder or non-joinder of the parties the suit cannot fail.

The right of appeal is the creation of the statute. It is so settled that it hardly needs any authority. The Family Courts Act, 1964 does not provide the right of second appeal to any party to the proceedings. The legislature intended to place a full stop on the family litigation after it was decided by the appellate court. However, we regretfully observe that the High Courts routinely exercise their extraordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 as a substitute of appeal or revision and more often the purpose of the statute i.e., expeditious disposal of the cases is compromised and defied. No doubt, there may be certain cases where the intervention could be justified but a great number falls outside this exception. Therefore, it would be high time that the High Courts prioritise the disposal of family cases by constituting special family benches for this purpose.

Family/Recovery of Dower Amount
C.P.5601/2021
Arif Fareed v. Bibi Sara and others
Mr. Justice Amin-Ud-Din Khan
06-12-2022