1999CLC514[Lahore]Before Mrs. Fakhar‑un‑Nisa Khokhar, JMst. MAHPARA‑‑‑PetitionerversusS. ARSHAD MAHMOOD and another‑‑‑RespondentsWrit Petition No.5974 of 1997, heard on 8th October, 1998
(a) West Pakistan Family Courts Act (XXXV of 1964)‑‑‑
‑‑‑‑S. 3‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑ Supervisory jurisdiction of High Court‑‑‑Scope‑‑‑High Court has no supervisory jurisdiction on Special Tribunals of Family Court as provided by West Pakistan Family Courts Act, 1964--While sitting over judgment passed by Special Tribunals under Family Courts Act, High Court Acts as Family Court under West Pakistan Family Courts Act, 1964.
(b) West Pakistan Family Courts Act (XXXV of 1964)‑‑‑
‑‑‑‑S. 17‑‑‑Civil Procedure Code (V of 1908), Preamble ‑‑‑Procedure‑‑ Applicability' of Civil Procedure Code‑‑‑Settlement of matrimonial affairs between spouses‑‑‑Procedure in family suits is made more easier by deviation from procedure of Civil Procedure Code, 1908.
(c) Muhammadan Law‑‑‑
‑‑‑‑ Divorce‑‑‑Iddat‑‑‑Period of Iddat starts from date of judgment and decree of the Court.
(d) West Pakistan Family Courts Rules, 1965‑‑‑
‑‑‑‑R. 13‑‑‑Limitation to file application for setting aside ex parte decree starts from date of judgment and decree of dissolution of marriage‑‑‑Ex pane‑‑‑Notice to Chairman, Arbitration Council by petitioner for getting certificate of effectiveness of divorce‑‑‑Respondent husband appeared before Chairman, Arbitration Council and expressly gave consent to issue a certificate of effectiveness of divorce which was issued by the Chairman‑‑‑Petitioner got remarried to some other person and in that wedlock a child was born‑‑‑Ex parte decree was set aside by Trial Court‑‑‑Respondent, husband who had knowledge of proceedings and had given consent to Chairman, Arbitration Council to issue certificate of effectiveness of divorce filed application for setting aside ex parte decree thereafter‑‑‑Limitation‑‑‑Period of limitation to set aside ex parte decree starts from date of judgment and decree or from date of knowledge‑‑‑Application for setting aside the ex parte decree was dismissed being time‑barred in circumstances.
Pervaiz Ahmad v. Tahra Shaheen alias. Balquees Shahzadi 1988 CLC 1444; Ainuddin Karikar v. Salatanness Bibi PLD 1953 Dacca 216; Mst. Fahmida Bibi v. Mukhtar Ahmad and another PLD 1972 Lah. 694 and Muhammad Shamim Siddiqui v. Mrs. Kausar Aziz and others 1982 CLC 1972 ref.
(e) West Pakistan Family Courts Act (XXXV of 1964)‑‑‑
‑‑‑‑S. 21(2)(3)‑‑‑Divorce‑‑‑Certificate of effectiveness of divorce‑‑‑Husband had given consent for issuance of such certificate‑‑‑Such certificate having not been challenged before Competent Authority had attained finality.
Qamar Zaman Qureshi for Petitioner.
Ch. Shazib Saeed for Respondent No.2
Date of hearing: 8th October, 1998.
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