Family Court is a quasi-judicial forum which can organize its own procedure and which forum has been implicitly authorized to adopt and pursue any procedure which is not specifically barred or prohibited. Even if the Code of Civil Procedure, 1908, has not been made directly applicable to the proceedings in a suit filed under the auspices of the Family Courts Act, 1964, it does not at the same time mean that the Code of Civil Procedure is odious insofar as proceedings before the Family Court are concerned and moreso in the case of execution proceedings.
As long as there is no conflict between the provisions of Code of Civil Procedure, 1908, on the one hand and those of the Family Courts Act, 1964 on the other, such provisions can be employed and adopted. The logic behind this rule is rooted in the fact that after all the Family Court has to adopt and pursue some principles and procedure and, therefore, what better than the tried and tested procedure contained in a law that has remained successfully in force since the past 113 years. A Family Court can, therefore, proceed on the premise that every procedure is permissible unless a clear prohibition is forthcoming. As long as procedure so adopted does not compromise the aim and sweep of the Family Courts Act, 1964, which is to provide expeditious relief in matrimonial and family matters there is no reason in law to deny a Family Court to adopt such procedure.
It may be mentioned here that since the Family Court is quasi-judicial forum it partakes most elements and characteristics generally associated with a judicial forum. Naturally, it has to have a procedure it will follow in the event of deciding a particular lis.
The aspect of hearing of parties, the element of passing decisions which are reasoned and speaking, recording and appraisal of evidence etc. make it incumbent on a Family Court to adopt and pursue some procedure in the absence of any specific procedure having been made applicable.
Writ Petition No. 18067 of 2021
Mst. Haseena Bibi Versus Civil Judge Ist Class Vehari and another
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