It is clear from the preamble of the Family Act that the law was enforced with a vivid object to take out the matters falling within the ambit thereof from the ordinary regime qua dispensation...........

 2024 SCMR 1642

It is clear from the preamble of the Family Act that the law was enforced with a vivid object to take out the matters falling within the ambit thereof from the ordinary regime qua dispensation of justice , and for the expeditious disposal of such matters , a special forum was created in which the rigors of procedural implications and the requirements of the Evidence Law ( Qanoon - e - Shahadat Order , 1984 ) were either dispensed with or were simplified ; with an addition of a statutory mechanism , enabling the parties for an amicable settlement of their dispute.

Since the legislature has conferred exclusive jurisdiction upon the Family Courts , by virtue of section 55 of the Family Act , to expedite family cases and tried to cordon off family litigation to the extent of a single family appeal , it would not reflect well on a Constitutional Court to interfere with the exclusive jurisdiction of the Family Courts under the Writ Jurisdiction as provided under Article 199 of the Constitution , unless the jurisdiction exercised by the Family Courts was contrary to law and / or findings reached in exercise of said jurisdiction are perverse and without proper appreciation of evidence that non - interference would lead to a grave miscarriage of justice or for that matter injustice .

C.P.L.A.263-K/2024

Muhammad Shamim v. Mst. Asma Begum and others