THE WEST PAKISTAN FAMILY COURTS (AMENDMENT) ACT, 1993

THE
WEST PAKISTAN FAMILY COURTS
(AMENDMENT) ACT, 1993

Act further to amend the West Pakistan Family Courts Act, 1964. Whereas it is expedient further to amend the West Pakistan Family Courts Act, (XXXV of 1964), for the purpose hereinafter appearing.

STATEMENT OF OBJECTS AND REASONS
These recommendations of the Pakistan Law Commission seek to amend the West Pakistan Family Courts Act, 1964 to provide for qualification of a Judge of the Family Court and determination of all matters relating to restitution of conjugal rights, dower, dowry and maintenance of children in a single suit to avoid separate litigation between the parties in various Courts.

It is hereby enacted as follows:

1. Short title and commencement.- (1) This Act may be called the West Pakistan Family Courts (Amendment) Act, 1993.

(2) It shall come into force at once.

2. Substitution of Section 4, Act XXXV of 1964.- In the West Pakistan Family Courts Act, 1964 (XXXV of 1964), hereinafter called the said Act, for Section 4, the following shall be substituted, namely:

“4. Qualification of Judge.- No person shall be appointed as a Judge of Family Court unless he is or has been District Judge or an Additional District Judge”.

Provided that when a District Judge or an Additional District is not available in a place, a Civil Judge First Class shall be appointed as Judge Family Court.

3. Amendment of Section 7, Act XXXV of 1964.- In Section 7, in sub section 2, after the word “and” occurring for the first time, the words, “in suit of dissolution of marriage all matters relating to dowry, maintenance, dower and custody of children” shall be inserted.

4. Amendment of Section 9, Act XXXV of 1964.- In the said Act, in Section 9, after sub-section (1), the following new sub-section (1A) shall be inserted, namely:

“(1A) Where a written statement is filed by defendant husband, it shall be deemed a plaint for restitution of conjugal rights and no separate suit shall lie for it”.

5. Amendment of Section 12, Act XXXV of 1964.- In the said Act, in Section 12, after sub-section (2), the following new sub-sections (3) and (4) shall be added:

“(3) The Family Court while pronouncing judgment and passing decree of dissolution of marriage shall determine all the matters regarding dower, dowry, maintenance, custody of children, whether claimed about or not by the parties in their pleading and no separate suit shall lie for it”.

“(4) A Family Court while pronouncing its judgment and dismissing the suit of the wife for dissolution of marriage, shall pass a decree of restitution of conjugal rights in favour of husband”.

6. Amendment of Section 14, Act XXXV of 1964.- In the said Act, in Section 14, for sub-section (1) the following shall be substituted namely:
“14. Appeal.- (1) Notwithstanding anything provided in any other law for the time being in force, a decision given or decree passed by a Family Court shall be appealable in the High Court”.

(b) after sub-section (2) the following new sub-section (3) shall be added, namely:
“(3) No appeal or revision shall lie against an interim order”.

7. Insertion of a new Section 17A, Act XXXV of 1964.- In the said Act, after Section 17, a new Section 17A be added, namely:
“17A. Interim Order for Maintenance.- Where the suit for maintenance is not decided within six months, the Family Court shall pass an interim order in the matter, and if maintenance is allowed, it shall be payable by the 14th of each month, failing which the suit shall be decreed”.

8. Amendment of Section 25-A, Act XXXV of 1964.- In the said Act, in section 25-A, after sub-section (1) a new sub-section (1-A) shall be added, namely:

“(1-A) A High Court may, either on the application of a wife or of its own accord, by an order in writing, transfer any suit or proceeding under this Act from a family court in a province to a family court in another province in which any suit or proceeding by a wife is pending.”

9. Amendment of Schedule, Act XXXV of 1964.- In the said Act, in the Schedule, after entry (7), the following entry (8) shall be added, namely:

“(8) Recovery of dowry or its value in money”.