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MUHAMMAD ARSHAD ANJUM vs Mst — 2021 SCMR 1145 SUPREME-COURT

Case information

Citation
2021 SCMR 1145 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD ARSHAD ANJUM vs Mst
Subject matter
Civil
Provisions referred to
S. 17---C; Civil Procedure Code (V of 1908); Civil Procedure Code; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ARSHAD ANJUM VS Mst. KHURSHID BEGUM S. 17---Civil Procedure Code (V of 1908), Ss.10 & 11 & Preamble---Proceedings before Family Court---Exclusion of provisions of Civil Procedure Code, 1908 (C.P.C.)---Scope---Exclusion of normal rules of procedure and proof, applicable in civil plenary jurisdiction for adjudication of disputes in proceedings before a Family Court, was essentially designed to circumvent delays in disposal of sustenance claims by the vulnerable; this did not derogate its status as a Court nor took away its inherent jurisdiction to protect its orders and decrees from the taints of fraud and misrepresentation---As such powers must vest in every tribunal to ensure that stream of justice ran pure and clean; such intendment was important yet for another reason, as at times, adjudications by a Family Court may involve decisions with far reaching implications/consequences for a spouse or a sibling and, thus, there must exist a mechanism to recall or rectify outcome of any sinister or oblique manipulation, therefore, there was no clog on the authority of a Family Court to re-examine its earlier decision with a view to secure the ends of justice and prevent abuse of its jurisdiction and for the said purpose, in the absence of any express prohibition in the Family Courts Act, 1964 it could borrow the procedure from available avenues, chartered by law.

Other judgments reported in 2021 SCMR

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