PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

SHAKARULLAH vs BIBI SHAKEELA S — 2022 CLC 574 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 574 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
SHAKARULLAH vs BIBI SHAKEELA S
Subject matter
Criminal
Provisions referred to
S. 17---C; S. 17; Civil Procedure Code (V of 1908); Preamble---Family Court Act; 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

SHAKARULLAH VS BIBI SHAKEELA S.17---Civil Procedure Code (V of 1908), Preamble---Qanun-e-Shahadat (10 of 1984 ), Preamble---Family Court Act, 1964---Object---Provisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984---Applicability---Dismissal of suit on technicalities---Effect--- Family Court dismissed the suit of lady/respondent on the ground that she did not fulfil the requirements of the Qanun-e-Shahadat, 1984, while producing her documentary as well as oral evidence---Appellate Court remanded the matter to the Family Court---Held, that purpose of enacting the special law regarding family disputes was to advance justice and to avoid technicalities which were hindrance in providing ultimate justice to the parties---Family Courts Act, 1964, was promulgated for the expeditious settlement and disposal of disputes relating to the marriages and other family affairs and special procedure was provided to achieve the object---Purpose of enacting the Family Courts Act, 1964, was to frustrate the technicalities for the purpose of justice between the parties in the shortest possible time---Provisions of the Civil Procedure Code, 1908, as well as Qanun-e-Shahadat, 1984, were not applicable in stricto sensu to the proceedings before the Family Court---By virtue of S.17 of the Family Courts Act, 1964, the applicability of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984, had been excluded---Appellate Court had rightly remanded the matter to the Family Court---No illegality or infirmity had been noticed in the impugned order passed by the Appellate Court---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English