1

THE WEST PAKISTAN FAMILY COURTS ACT, 1964.

(WEST PAKISTAN ACT NO. XXXV OF 1964.)

[18th July, 1964.]

CONTENTS

PREAMBLE
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of family courts.
4. Qualifications of Judges.
5. Jurisdiction.
6. Place of sitting.
7. Institution of suits.
8. Intimation of defendants.
1
[9. Written statement.]
10. Pre-trial proceedings.
11. Recording of evidence.
12. Conclusion of trial.
13. Enforcement of decrees.
14. Appeal.
15. Power of family court to summon witnesses.
16. Contempt of Family Courts.
17. Provisions of Evidence Act and Code of Civil Procedure not to apply.
18. Appearance through agent.
19. Court fees.
20. Investment powers of Magistrates or of Judges.

1
Substituted vide W. P. Act No. I of 1969.
 2

21. Provisions of Muslim Family Laws Ordinance to be applicable.

22. Bar on the issue of injunctions by Family Court.
23. Validity of marriages registered under the Muslim Family Laws Ordinance,
1961, not to be questioned by Family Courts.
24. Family Courts to inform Union councils of cases not registered under the
Muslim Family Laws Ordinance, 1961.
25. Family Court deemed to be a District Court for purposes of Guardians and
Wards Act, 1890.
26. Power to make Rules.
Schedule.
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THE WEST PAKISTAN FAMILY COURTS ACT, 1964.

(WEST PAKISTAN ACT NO. XXXV OF 1964.)

[18th July, 1964.]

AN
ACT

to make provision for the establishment of Family Courts.

WHEREAS, it is expedient to make prevision for the establishment of Preamble.

Family Courts for the expeditious settlement and disposal of disputes relating to
marriage and family affairs and for matters connected therewith;

It is hereby enacted as follows:—

1. (1) This Act may be called the West Pakistan Family Courts Act, 1964. Short title,
extent and
commencement.
(2) It extends to the whole of the 1[Pakistan].

(3) It shall come into force in such area or areas and on such date or
dates as Government may, by notification in the official Gazette, specify in this
behalf.
2
[(4) Nothing in this Act shall apply to any suit or any application under
the Guardians and Wards Act, 1890 pending for trial or hearing in any Court
immediately before the coming into force of this Act, and all such suits and
applications shall be heard and disposed of as if this Act was not in force.

(5) Any suit, or any application under the Guardians and Wards Act,
1890, which was pending for trial or hearing in any Court immediately before
the coming into force of this Act and which has been dismissed solely on the
ground that such suit or application is to be tried by a Family Court established
under this Act, shall, notwithstanding anything to the contrary contained in any
law, on petition made to it in that behalf by any party to the suit or application,
be tried and heard by such Court from the stage at which such suit or application
had reached at the time of its dismissal.]

1
Substituted vide P. O. No. 4 of 1975.
2
Added vide W. P. Ord. No. X of 1966.
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1 Definition.
[2. (1) In this Act, unless the context otherwise requires, the following
expressions shall have the meaning hereby respectively assigned to them that is
to say—

(a) “Arbitration Council” and “Chairman” shall, have the meaning

respectively assigned to them in the Muslim Family Laws
Ordinance 1961;

(b) “Family Court” means a Court constituted under this Act;

(c) “Government” means the 2[Provincial Government].

(d) “party” shall include any person whose presence as such is

considered necessary for a proper decision of the dispute and
whom the Family Court adds as a party to such dispute;

(e) “prescribed” means prescribed by rules made under this Act.

3
[(2) Words and expressions used in this Act but not herein defined,
shall have the meanings respectively assigned to them in the Code of Civil
Procedure, 1908.]

3. Government shall establish one or more Family Courts in each District Establishment of
or at such other place as it may deem necessary and appoint a Judge 4[for] each family courts.
of such Courts.
5 Qualification of
[(4) No person shall be appointed as a Judge of a Family Court unless he is
or has been a District Judge, an Additional District Judge, or 6[a Civil Judge or a judge.
Qazi appointed under the Dastur-ul-Amal, Diwani Riasat Kalat].

5. Subject to the provisions of the Muslim Family Laws Ordinance, 1961, Jurisdiction.
and the Conciliation Courts Ordinance, 1961, the Family Courts shall have
exclusive jurisdiction to entertain hear and adjudicate upon matters specified in
the Schedule.

6. Subject to any general or special orders of Government in this behalf a Place of sitting.
Family Court shall hold its sittings at such place or places within 7[the District
or area for which it is established] as may be specified by the District Judge.

1
Renumbered vide W. P. Ord. No. X of 1966.
2
Substituted vide P. O. No. 4 of 1975.
3
Added vide W. P. Ord. No. X of 1966.
4
Substituted vide W. P. Ord. No. X of 1966.
5
Added vide W. P. Ord. No. X of 1966.
6
Substituted vide W. P. Act No. I of 1969.
7
Substituted vide W. P. Ord. No. X of 1966.
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7. (1) Every suit before a Family Court shall be instituted by the Institution of suits.
presentation of a plaint or in such other manner and in such Court as may be
prescribed.

(2) The plaint shall contain all 1[material] facts relating to the dispute
and shall contain a Schedule given the number of witnesses intended to be
produced in support of the plaint, the names and address of the witnesses and
brief summary of the facts to which they would depose:-

Provided that parties may, with the permission of the Court, call any
witness at any later stage, if the Court considers such evidence expedient in the
interest of justice.
2
[(3) (i) Where a plaintiff sues or relies upon a document in his
possession or power, he shall produce it in Court when the plaint is presented,
and shall at the same time, deliver the document or a copy thereof to be filed
with the plaint.

(ii) Where he relies on any other document not in his possession or

power, as evidence in support of his claim, he shall enter such documents in a
list to be appended to the plaint].

(4) The plaint shall be accompanied by as many duplicate copies thereof

including the Schedule and the lists of documents referred to in sub-section (3),
as there are defendants in the suit for service upon the defendants.
3 Intimation
[8. (1) When a plaint is presented to a Family Court, it—
defendants.

(a) may fix a date ordinarily of not more than thirty days for the
appearance of the defendant;

(b) shall issue summon to the defendant to appear on a date

specified therein;

(c) shall, within three days of the presentation of the plaint, send—

(i) to each defendant, by registered post, acknowledgement

due, a notice of the suit together with a copy of the plaint, a
copy of the schedule referred to in subsection 2 of section 7

1
Inserted vide W. P. Ord. No. X of 1966.
2
Substituted vide W. P. Act No. I of 1969.
3
Substituted vide W. P. Act No. I of 1969.
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and copies of documents and a list of documents referred to

in sub section 3 of the said section; and

(ii) to the Chairman of the Union Council with in whose

jurisdiction the defendant or defendants, as the case may be,
reside and where the defendants reside within the
jurisdiction of different Union Councils, to the Chairman of
every Union Council, a notice of the plaint having been
presented.

(2) Every summons issued under clause (b) of sub-section (1) shall be
accompanied by a copy of the plaint, and copies of the schedule referred to in
sub-section (2) of section 7, and a copy of the documents and list of document
referred to in sub-section (3) of the said section.

(3) On receipt of the notice under clause (c) of sub-section (1), the
Chairman shall display the notice on the Notice Board of the Union Council for
a period of seven consecutive days and shall, as soon as may be after the expiry
of the said period, inform the Family Court of the notice having been so
displayed.

(4) Service of the plaint and its accompaniments in the manner provided
in clause (b) or clause (c) of sub section (l) shall be deemed to be due service of
the plaint upon the defendant.

(5) Every notice and its accompaniments under clause (c) of sub-section
(1) shall be served at the expenses of the plaintiff. The postal charges of such
service shall be deposited by the plaintiff at the time of filing the plaint.

(6) Summons issued under clause (b) of sub-section (1) shall be served
in the manner provided in the Code of Civil Procedure, 1908 order (v), Rules 9,
10,11, 16, 17, 18, 19, 21, 23, 24, 26, 27, 28, and 29. The cost of such summons
shall be assessed and paid as for summons issued under the Code of Civil
Procedure, 1908.

Explanation—For the purposes of this section, the expression Union

Council means a Union Council, Town Committee or Union Committee
constituted under section 57 of the Electoral College Act. 1964 (IV of 1964).
1 Written statement.
[9. (1) On the date fixed under clause (a) of subsection (1) of section 8, the
plaintiff and the defendant shall appear before the Family Court and the
defendant shall file his written statement and attach there with a list of his

1
Substituted vide W. P. Act No. I of 1969.
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witnesses along with a precis of the evidence that each witness is expected to
give.

(2) Where a defendant relies upon a document in his possession or

power, he shall produce it or a copy there of in the Court along with the written
statement.

(3) Where he relies on any other documents, not in his possession or

power, as evidence in support of his written statement he shall enter such
documents in a list to be appended to the written statement.

(4) Copies of the written statement, list of witnesses and precis of

evidence referred to in sub-section (1) and the documents referred to in sub-
section (2) shall be given to the plaintiff, his agent or advocate present in the
Court.

(5) If the defendant fails to appear on the date fixed by the Family Court
for his appearance, then-

(a) if it is proved that the summons or notice was duly served on the
defendant, the Family Court may proceed ex-parte; provided
that where the Family Court has adjourned the hearing of the
suit, ex-parte, and the defendant at or before such bearing
appears and assigns good cause for his previous non-
appearance, he may, upon such terms as the Family Court
direct, be heard in answer to the suit as if he had appeared on
the day fixed for his appearance; and

(b) If it is not proved that the defendant was duly served as provided
in sub-section (4) of section 8, the Family Court shall issue
fresh notices and summons to the defendant and cause the same
to be served in the manner provided in clauses (b) and (c) of
sub-section (1) of section 8.

(6) In any case in which a decree is passed ex-parte against the

defendant under this Act, he may apply within reasonable time of the passing
there of to the Family Court by which the decree was passed for an order to set
it aside, and if he satisfies the Family Court that he was not duly served, or that
he was prevented by any sufficient cause from appearing when the suit was
heard or called for hearing, the Family Court shall, after service of notice on the
plaintiff, and on such terms as to costs as it deems fit, make an order for setting
aside the decree as against him and shall appoint a day for proceeding with the
suit; provided that where the decree is of such a nature that, it cannot be set
aside as against such defendant only, it may be fit aside against all or any of the
other defendants also].
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1 Pre-trial procee-
10. [(1) When the written statement is filed, the court shall fix an early date
for a pre-trial hearing of the case. ding.

(2) On the date so fixed, the Court shall examine the plaint, the written
statement (if any) and the precis of evidence and documents filed by the parties
and shall also, if it so deems fit, hear the parties and their Counsel.

(3) At the pre-trial, the Court shall ascertain the points at issue between
the parties and attempt to effect a compromise or re conciliation between the
parties, if this be possible.

(4) If no compromise or reconciliation is possible the Court shall frame

the issues in the case and fix a date for 2[recording] of evidence.

11. (1) On the date fixed for 3[recording of the evidence] the Family Court Recording of
shall examine the witnesses produced by the parties in such order as it deems fit. evidence.

(2) The Court shall not issue any summons for the appearance of any
witness unless, within three days of the framing of issues, any party intimates
the Court that it desires a witness to be summoned through the Court and the
Court is satisfied that it is not possible or practicable for such party to produce
the witness.
4
[(3) The witnesses shall give their evidence in their own words:

Provided that the parties or their counsel may further examine, cross
examine or re-examine the witnesses; Provided further that the Family Court
may forbid any question which it regards as indecent, scandalous or frivolous or
which appears to it to be intended to insult or annoy or needlessly offensive in
form].
5
[3-A. The Family Court may, if it so deems fit, put any question to any
witness for the purposes of elucidation of any point which it consider material in
the case].

(4) The Family Court may permit the evidence of any witness to be
given by means of an affidavit:

1
Substituted vide W. P. Act No. I of 1969.
2
Substituted vide W. P. Act No. I of 1969.
3
Substituted vide W. P. Act No. I of 1969.
4
Substituted vide W. P. Act No. I of 1969.
5
Added vide W. P. Act No. I of 1969.
 9

Provided that if the Court deems fit it may call such witness for the
purpose of examination in accordance with sub-section (3).

12. (1) After the close of evidence of both sides, the Family Court shall Conclusions
make another efforts to effect a compromise or reconciliation between the of trial.
parties.

(2) If such compromise or reconciliation is not possible, the Family

Court shall announce its judgment and give a decree.

13. (1) The Family Court shall pass a decree in such form and in such Enforcement of
manner as may be prescribed, and shall enter its particulars in the prescribed decrees.
register.

(2) If any money is paid or any property is delivered in the presence of

the Family Court, in satisfaction of the decree, it shall enter the fact of payment
1
[or] the delivery of property, as the case may be, in the aforesaid register.

(3) Where a decree relates to the payment of money and the decretal
amount is not paid within time specified by the Court, the same shall, if the
Court so directs be recovered as arrears of land revenue, and on recovery shall
be paid to the decree-holder.

(4) The decree shall be executed by the Court, passing it or by such other
Civil Court as the District Judge may, by special or general order, direct.

(5) A Family Court may, if it so deems lit, direct that money to be paid
under a decree passed by it be paid in such installments as it deems fit.
2 Appeal.
14. [(1) Notwithstanding anything provided in any other law for the time
being in force, a decision given or a decree passed by a Family Court shall be
appealable:

(a) to the High Court, where the Family Court is presided over by a
District Judge, an Additional District Judge or a person notified
by Government to be of the rank and status of a District Judge
or an Additional District Judge; and

(b) to the District Court, in any other case.

(2) No appeal shall lie from a decree passed by Family Court:

1
Substituted vide W. P. Ord. No. X of 1966.
2
Substituted vide W. P. Ord. No. X of 1966.
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(a) for dissolution of marriage, except in the case of dissolution for

reasons specified in clause (a) of item (viii) of section 2 of the
Dissolution of Muslim Marriages Act, 1939;

(b) for dower not exceeding rupees one thousand;

(c) for maintenance of rupees twenty-five or less per month.

15. (1) A Family Court may issue summons to any person to appears and Power of Family
give evidence, or to produce or cause the production of any document: Court to summon
witness.

Provided that-

(a) no person who is exempt from personal appearance in a Court

under sub-section (1) of section 133 of the Code of Civil
Procedure, 1908, shall be required to appear in person;

(b) a Family Court may refuse to summon a witness or to enforce a

summons already issued against a witness when, in the opinion
of the Court, the attendance of the witness cannot be procured
without such delay, expense or inconvenience as in the
circumstances would be unreasonable.

(2) If any person to whom a Family Court has issued summons to appear
and give evidence or to cause the production of any document before it,
willfully disobeys such summons, the family court may take cognizance of such
disobedience and after giving such opportunity to explain, sentence him to a
fine not exceeding one hundred rupees.

16. A person shall be guilty of contempt of the Family Court if he without Contempt of
lawful excuse.— Family Court.

(a) offers any insult to the Family Court; or

(b) causes an interruption in the work of the Family Court; or

(c) refuses to answer any question put by the Family Court, which
he is bound to answer; or

(d) refuses to take oath to state the truth or to sign any statement
made by him in the Family Court;

and the Family Court may forthwith try such person for such contempt and
sentence him to a fine not exceeding rupees two hundred.
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17. (1) Save as otherwise expressly provided by or under this Act, the Provisions of
provisions of the Evidence Act, 1872, and the Code of Civil Procedure, 1908, Evidence Act and
1 Code of Civil
[except section 10 and 11] shall not apply to proceeding before any Family Procedure not to
Court. apply.

(2) Sections 8 to 11 of the Oaths Act, 1892 shall apply to all proceedings
before the Family Courts.

18. If a person required under this Act to appear before a Family Court, Appearance
otherwise than as a witness, is a Pardah nashin lady, the Family Court may thorough agents.
permit her to be represented by a duly authorised agent.

19. Notwithstanding anything to the contrary contained in the Court Fees Court fees.
Act, 1872, the court fees to be paid on any plaint filed before a Family Court
shall be rupee one for any kind of suit.

20. Government may invest any judge of a Family Court with powers of Investment of
Magistrate First Class to 2[make order for maintenance] under section 488 of the powers so
Magistrates on
Code of Criminal Procedure, 1898. Judges.

21. (1) Nothing in this Act shall be deemed to affect any of the provisions of Provisions of
the Muslim Family Law Ordinance, 1961, or the rules framed there under; and Muslim Family
Law Ordinance
the provisions of section 7,8,9 and 11 of the said Ordinance shall be applicable to be application.
to any decree for the dissolution of marriage solemnized under the Muslim Law,
maintenance or dower, by a Family Court.

(2) Where a Family Court passes a decree for the dissolution of a

marriage solemnized under the Muslim Law, the Court shall send by registered
post within seven days of passing such decree, a certified copy of the same to
the appropriate Chairman referred to in section 7 of the Muslim Family Laws
Ordinance, 1961 and upon receipt of such copy, the Chairman shall proceed as
if he had received an intimation of Talaq required to be 3[given] under the said
Ordinance.

(3) Notwithstanding anything to the contrary contained in any other

Law, a decree for dissolution of marriage solemnized under the Muslim Law
shall.—

(a) not be effective until the expiration of ninety days from the day
on which a copy thereof has been sent under sub-section (2) to
the Chairman; and

1
Inserted vide W. P. Act No. XV of 1967.
2
Substituted vide W. P. Ord. No. X of 1966.
3
Substituted vide W. P. Ord. No. X of 1966.
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(b) be of no effect if within the period specified in clause (a) a

reconciliation has been effected between the parties in
accordance with the provisions of the Muslim Family Laws
Ordinance, 1961.

22. A Family Court shall not have the power to issue an injunction to, or Bar on the issue
stay any proceedings pending before, a Chairman or an Arbitration Council. of injunction by
Family Courts.

23. A Family Court shall not question the validity of any marriage registered, Validity of marr-
in accordance with the provisions of the Muslim Family Laws Ordinance, 1961, iages registered
under the Muslim
or shall any evidence in regard thereto be admissible before such court. Family Laws
Ord:1961, not to
be questioned by
family courts.

24. If in any proceedings before a Family Court it is brought to the notice of Family Courts to
the Court that a marriage solemnized under the Muslim Law after the coming in inform Union
Councils of cases
to force of the Muslim Family Laws Ordinance, 1961, has not been registered in not registered
accordance with the provisions of the said Ordinance and the rules framed under the Muslim
thereunder, the Court shall communicate such fact in writing to the Union Family Laws
Council for the area where the marriage was solemnized. Ord.1961.

25. A Family Court shall be deemed to be a District Court for the purposes Family court
of the Guardians and Wards Act, 1890 and notwithstanding anything contained deemed to be a
District Court for
in this Act, shall, in dealing with matters specified in that Act, follow the purpose of
procedure prescribed in that Act. Guardians and
wards Act 1890.

26. (1) Government may, by notification in the Official Gazette, make rules Power to make
to carry into effect the provisions of this Act. rules.

(2) Without prejudice to the generality of the provisions contained in

sub-section (1), the rules so made may, among other matters, provide for the
procedure, which shall not be inconsistent with the provisions of this Act, to be
followed by the Family Court.
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SCHEDULE.

(See Section 5)

1. Dissolution of marriage.
2. Dower.
3. Maintenance.
4. Restitution of conjugal rights.
5. Custody of children.
6. Guardianship.
1
[7. Jactitation of marriage.]

1
Inserted vide W. P. Act No. I of 1969.