Updated: Sunday June 03, 2012/AlAhad
Rajab 14, 1433/Ravivara
Jyaistha 13, 1934, at 10:01:09 PM
The
[Gazette of
No. Intg. 10‑31/64 (ii).‑In
exercise of the powers conferred by section 26 of the West Pakistan Family Courts
Act, 1964 (Act No. XXXV of 1964), the Governor of
1.
These rules may be called the West
Pakistan Family Courts’ Rules, 1965.
2. In these rules, unless there
is anything repugnant in the subject or context:‑--
(a)
“Act” means the West Pakistan Family Courts Act, 1964 (Act XXXV of 1964);
(b) 1[“Court”
means the Family Court established under the West Pakistan Family Courts Act],
XXXV of 1964;
(c) “form”
means a form appended to these rules, 2[and]
(d) ”section” means a
section of the Act.
(e) 3[Suit includes
an application for the custody of children or guardianship under the Guardians
and Ward Act, 1890].
3. Subject
to the provisions of rule 7, the Courts of the District Judge, the Additional
District Judge, the Senior Civil Judge, the Civil Judge, First Class and the
Civil Judge, First Class (Additional) shall be the Family Courts established
for the purposes of the Act.
4.‑(1) A plaint under subsection (1) of section 7
shall be in writing, signed and verified by the plaintiff and shall be
presented to the Court having jurisdiction under rule 5 of these Rules by the
plaintiff or through a counsel, and where the plaintiff is a female, by her
agent.
(2)
The plaint under sub‑rule (1) shall also contain the following
particulars;‑--
(a) name of the Court in which
the suit is brought and the facts showing that it has jurisdiction;
(b)
the name, description and place of residence of the plaintiff;
(c)
the name, description and place of residence of the defendant so far as can be
ascertained; where the plaintiff or the defendant is a minor or a person of
unsound mind a statement to that effect;,
(d) the facts constituting
the cause of action and the place where and date when it arose; and
(e)
the nature of the claim and valuation of the claim with particulars in brief
and the relief claimed.
5.
Where a plaint is presented to a
Court not having jurisdiction,---
(a) the
plaint shall be returned to be presented to the Court to which it should have
been presented;
(b)
the Court returning the plaint shall endorse thereon the date of its
presentation to it and its return, the name of the party presenting it, and a
brief statement of the reasons therefore.
Court Decisions
Family Court--Jurisdiction - Suit for dissolution of marriage filed in Family
Court at Kar.--Defendant's plea that both parties being Canadian citizens.
Court at Kar. lack, Jurisdiction to entertain and try such suit - Despite such
plea defendant could not show that parties had lost their Pakistani citizen
ship - Nikahnama was admittedly registered at Kar. - Plaintiff admittedly was
not residing at the given address at Kar. - Marriage between parties having
been solemnized in Kar. under Islamic Law, second Nikah at
6.
The Court which shall have
jurisdiction to try a suit will be that within the local limits of which,---
(a)
the cause of action wholly or in part has arisen, or
(b)
where the parties reside or last resided together:
Provided that in suits for
dissolution of marriage or dower, the Court within the local limits of which
the wife ordinarily resides shall also have jurisdiction.
7.‑ (1)
Suits relating to custody of children and guardianship shall be instituted,
heard and tried by the Court of the District Judge, but such Court may transfer
any such suit to the Court of the Additional District Judge, the Senior Civil
Judge, the Civil Judge, First Class or the Civil Judge, First Class
(Additional), having jurisdiction as provided in rule 6, and thereupon the
Court to which such suit is so transferred shall have jurisdiction to hear and
try the same.
(2) Suits
relating to the custody of children and guardianship shall be instituted, heard
and tried in the Court of the Senior Civil Judge, the Civil Judge, First Class
or the Civil Judge, First Class (Additional), having jurisdiction as provided
in rule 6, and where in any district there is no such Court, such suits shall
be instituted in and heard and tried by the Court of the District Judge.
(3)
Notwithstanding anything contained in sub‑rules (1) and (2), the Court of
District Judge may‑
(a)
recall any suit made over by it for trial
under sub‑rule (1) to an Additional District Judge, Senior Civil Judge,
Civil Judge, First Class or Civil Judge, First Class (Additional) and either
try such suit himself or refer it for trial to any other Court within the
District;
(b)
send for the record and proceedings of any suit pending for trial in the Court
of the Additional District Judge, Senior Civil Judge, Civil Judge, First Class
or the Civil Judge, First Class (Additional) and hear and try the suit itself
or refer it for trial to any other Court within the District, and thereupon the
District judge or the. Court to which such suit is so transferred, as the case
may be, shall have jurisdiction to hear and try the suit.
Sub-rule (2) of rule 7
shall be deleted and sub-rule (1) of rule 7 shall be re-numbered as Rule 7 by
notification No. legis 4 (24)/72,dated 7.4. 1972.
8. The Court
of the District Judge may, for reasons to be recorded in writing, stay the
proceedings of any suit pending in the Court of the Senior Civil Judge, Civil
Judge, First Class or Civil Judge, First Class (Additional).
Rule 8 shall be deleted by notification No. legis 4
(24)/72,dated 7.4. 1972.
9. On
transfer of a case from one Court to another it shall not be necessary to
commence the proceedings before the succeeding Judge de novo unless the Judge
for reasons to be recorded in writing directs otherwise.
Rule 9 shall be deleted by notification No. legis 4
(24)/72,dated 7.4. 1972.
10.‑
(1) The Court may, where it deems fit, direct that the whole or any part
of the proceedings under the Act be held in camera.
(2)
Where both the parties to the suit request the Court to hold the proceedings in
camera, the Court shall do so.
1[10-A. (1) The evidence
of each witness shall be taken down in writing, in the language of the Court by
the Presiding Officer of the Court, or in his presence and hearing and under
his personal direction and superintendence and shall be signed by the presiding
officer of the Court.
(2)
When the evidence of a witness is given in English , the presiding officer of
the Court may take it down in that language with his own hand and unless the
parties request the Court otherwise, and authenticated translation of such
evidence in the language of the Court shall form part of the record.
(3)
When the evidence of a witness is given in any other language, not being
English, or the language of the Court, the presiding officer of the Court may
take it down in that language with his own hand, or cause it to be taken down
in that language in his presence and hearing and under his personal direction
and superintendence, and an authenticated translation of such evidence in the
language of the Court or in English shall form part of the record.
(4)
In cases in which the evidence is not taken down in writing by the presiding
officer of the Court, he shall, as the examination of each witness proceeds,
make a memorandum of the substance of what such witness deposes; and such
memorandum shall be written and signed by the presiding officer of the Court
with his own hand, and shall form part of the record.
(5)
As the evidence of each witness taken down is completed, it shall be read over
to him, and shall, if necessary, be corrected.
(6)
If the witness denies the correctness of any part of evidence when the same is
read over to him, the presiding officer of the Court may, instead of correcting
the evidence, make a memorandum thereon of the objections made to it by the
witness, and shall add such remarks as he thinks necessary.
(7)
If the evidence is taken down in a language different form that in which it has
been given and the witness does not understand the language in which it is
taken down, the evidence so taken down shall be interpreted to him in the
language in which it was given, or in a language which he understands.
(8)
When the Court has recorded the evidence of a witness, it shall also record
such remarks (if necessary) as it thinks material respecting the demeanour of
such witness whilst under examination.]
11.
Where the parties agree to a compromise or conciliation effected between them
under subsection (3) of section 10 or subsection (1) of section 12, the Court
shall pass a decree or give decision in the suit in terms of the compromise or
conciliation agreed to between the parties, as the case may be. .
12.‑ (1)
Where the plaintiff or his pleader, makes default in appearing before the
Court, the suit may be dismissed in default.
(2) The Court may restore a suit dismissed in default
on sufficient cause shown, on application made to it within thirty days of the
dismissal in default.
13. Ex parte
decree or proceedings may, for sufficient cause shown, be set aside by the
Court on application made to it within thirty days of the passing of the decree
or decision.
14. (1)
Every judgment or order shall be written by the presiding Judge or
from the dictation of such Judge in the language of the Court, or in English
and shall be dated and signed by the Judge in open Court at the time of
pronouncing it.
(2) Judgments and orders which are appealable shall
contain the point or points for determination, the decision thereon and the
reasons in brief for the decision.
REGISTERS OF CASES, DECREES, ORDERS, ETC.
15. When a
plaint has been filed, its particulars shall be entered in a register to be
kept in the form prescribed for Civil Suits under the Code of Civil Procedure,
1908.
16. In every
suit, on passing the judgment, a decree shall be drawn up in Form I and shall
be signed by the presiding Judge. The decree shall bear the seal of the Court.
Court Decisions
R. 16 of Family Courts Rules, 1965.
Accumulated effect. Article 199 of Constitution of
17.
The Court shall maintain a register of decrees
and orders in the form prescribed for decrees and orders under the Code of
Civil Procedure, 1908.
18.
Whenever any fine is paid under section 15 or
section 16 or money or property is deposited with or realized by the Court
under the Act or these rules, a receipt shall be given in Form II which shall
be serially numbered and the counterfoil thereof shall be kept in the Court.
19.
All fines, monies, or property deposited or
realized and disbursed by the Court shall be entered in a register in Form III.
20.
Where the Court receives any amount payable to a
party it shall cause a notice thereof to be served on the' party entitled to
receive it and shall pay it to the party concerned within four days, so far as
may be of his applying therefor.
21 The records of the Court; including its registers,
shall be preserved for such period as is provided under the rules of the High
Court applicable to Civil Courts.
1[22.‑ (1) An appeal under section 14
against the decree or
decision passed by the Court shall be preferred to the
High Court within thirty days of the passing of the decree or decision,
excluding the time requisite for obtaining copies thereof;
Provided that
the High Court may, for sufficient cause, extend the said period.]
(2)
The appeal shall be in writing, shall set out the grounds on
which the appellant seeks to
challenge the decree or decision, shall contain the names, description and
addresses of the parties, and shall bear the signature of the appellant or his
counsel.
(3)
A certified copy of the decree and decision of the Court where a decree is
passed, and a copy of the decision where only an order is passed shall be attached
with the appeal.
2[ (4) Any order passed by the High Court on appeal
shall,
as soon as may be, be communicated to the Court
concerned and the Court shall modify or amend the decree or decision
accordingly and shall also make necessary entries to that effect in the
appropriate column of the register of decrees.]
1.
Sub.rule 22(1) subs. By W.P. notification No. Integ. 10-31/64, dated 21-2-67.
2.
sub.rule 22(4) subs. By W.P. notification No. Integ. 10-31/64, dated 21-2-67.
Court decisions
Family Court Rules 1965, R. 22(3) Civil
Procedure Code, 1908 (V of 1908), O.XLI, R. 1. Constitution of
23.‑
(1) The Court shall, on the application of any party to a dispute, allow
inspection of the records of the Court relating to the dispute on payment of a
fee of fifty paisa.
(2) On the
application of any party to a suit, certified copies of the decree or decision
or other proceedings or entry in any register maintained under these rules or
of any portion thereof shall be supplied on payment of a fee calculated at the
rate of 25 paisa for two hundred words or part thereof.
In Rule 23—
(a)
in sub-rule (1), the brackets and figures ‘(1); and
(b)
sub-rule (2)
(c)
shall be deleted.
By notification No. O. P. 8(1)/71, dated 7-8-71.
24.‑
(1) There shall be kept in the office of every Court a seal of the Court
which shall be circular in shape and shall have thereon the inscription `Family
Court' and the name of the District.
(2)
The seal of the Court shall be used on all summonses,
orders, decrees, copies and other documents issued
under the Act or these rules.
FORM I
(See Rule 16)
Form of Decre
In the Family Court
----------------------------------------------
1.
Case No. ---------------------------------------------------
2.
----------------------------------------------Petitioner/Plaintiff
Versus
----------------------------------------Defendant/Respondent
3.
Claim for-------------------------------This suit coming this day for final
disposal before this Family Court, it is hereby ordered
that----------------------------
Date---------------------
Seal of Court.
Signature of the Judge
Family Court at--------------
FORM II
(See Rule 18)
1.
Name of the
2.
Name of the payer-----------------------------------------------------
3.
Amount of fine, money or property paid --------------------------
4.
Particulars of the case and purpose of payment-------------------
5.
Date of payment-------------------------------------------------------
(Seal)------------------------
Signature of the Judge
Family Court---------------
FORM III
(See Rule 16)
Register of Receipts and Disbursement
FAMILY COURT
OF--------------------------------------------------------
1. Serial No.
2. Name and
address of the payer.
3. Amount or
property paid, realized or deposited.
4. Particulars
of the case.
5. Date of
receipt.
6. No. of
receipt in Form II.
7. Signature
of the Judge, Family Court.
8. Date of
disbursement with the name of the person to whom the money or property is paid
or delivered.
9.
REMARKS.
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