West Pakistan Family Courts Act 1964 – A Comprehensive Summary

(Compiled by our fellows namely: Mariah Khurshid, Raja Shoaib Wali, Ibrar Ahmad Khan and Fawad Khan. All students of Faculty of Law, University of Central Punjab, Lahore.)

The preamble of the West Pakistan Family Courts Act, 1964 (the “Act) states its purpose as settlement of the disputes in regards to marriage and family affairs.

The Act extends to the whole of Pakistan except the tribal areas. Section 5 provides for the Jurisdiction of the Family Court (the “Court”). Generally, the court will have special jurisdiction over the family matters including dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children, guardianship, jactitation of marriage, etc. in addition to a few offenses of hurt, etc. arising out of family disputes. The Court is not bound to adopt ordinary and lengthy procedures of trial and evidence like ordinary Civil Courts to curtail the period.

The Court is also empowered to pass an interim order for the protection and preservation of property in dispute.

As per the Rules of 1965 under the Act, the plaint can be filed in the District where the cause of action wholly or in part has arisen or where the parties reside or last resided together. In suits for dissolution of marriage or dower, plaint can also be filed in the District, where the wife ordinarily resides.

The judge of the Court (the “Judge”) has to have the qualification to be appointed as District Judge or an Additional District Judge. The judges are to be appointed by the Government in every district including at least one women Judge. The Judges are also equipped with the power of the Judicial Magistrate’s 1st class.

For the Act, Family Court is deemed to be District Court, whereas, District Judge or Government may determine the place of sitting of the Court.

According to the Act, every suit is to be initiated by filing a plaint containing material facts along with a schedule stating the particulars of witnesses intended to be a procedure in support. Also, the parties may call any witness at any later stage if the Court deems it necessary in the interest of justice. It is also mandatory to file the list of documents that are attached with the plaint as well as the documents to be produced later.

After receiving the plaint, the Court fixes a date within the next 30 days for the appearance of the defendant by serving the summons. The Court also sends notice of the suit to the defendant and to the chairman of the union council within whose jurisdiction the defendant resides, by registered post along with a copy of the plaint. On the date fixed the parties may make their appearance before the Court. 

A distinctive feature of the Act is that if the defendant (husband) is desirous of filing a suit for restitution of conjugal rights, he, instead of doing so, may claim this relief in the written statement of the plaint of dissolution of marriage, filed against him. By this, he does not need to file a separate suit, and his written statement, to the extent of claim of restitution of conjugal rights shall be treated as his plaint. Likewise, a defendant (wife) may also claim dissolution of marriage through her written statement of plaint claiming restitution of conjugal rights instead of a separate suit.

Further, if a defendant does not appear on the fixed date the court will proceed ex-Parte which the defendant may challenge within 30 days of the service of notice of passing out the decree.

Another weighty feature of the Act is the statutory obligation of the Court to make an active effort for reconciliation of the parties twice. Firstly, before proceeding with the formal trial once a written statement from the defendant is filed, and secondly, before pronouncement of judgment after the conclusion of the trial.

If after pre-trial conciliation efforts, no compromise is reached, the court shall frame the issues and fix the date for recording of evidence. Nevertheless, in a suit for dissolution of marriage, if such effort for compromise fails, the Court shall pass a decree for dissolution of marriage (if on ground of Khula) immediately and the husband will be entitled to restoration of a portion of dower (haq-mehr) if already paid or waiver thereof. Likewise after the recording of evidence of both parties the Court will make another attempt to affect a compromise between the parties, and in case of failure, the judgment will be announced.

The Court is bound to dispose of the case within 6 months from the date of the institution. If the case is not decided within this stipulation, either party may approach the High Court for appropriate order/direction.

Generally, the decree passed by the court is appealable. However, no appeal lies in the case of dissolution of marriage (except in few cases), for dower/dowry not exceeding Rs. 30,000 and for maintenance of Rs. 1,000 or less. Also, no right of appeal and revision against an interim order passed by the court exists. The appellate court is also to dispose of the appeal within 4 months.

If a person insults the Court, causes impediment in the work of the court, misbehaves with any person in court, refuses to answer any question put by the court, or refuses to take an oath he can also be held responsible for contempt of court.