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JAN MUHAMMAD vs HUMAIRA ALLAH DITA S — 2022 YLR 1123 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLR 1123 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
YLR
Parties
JAN MUHAMMAD vs HUMAIRA ALLAH DITA S
Subject matter
Civil
Provisions referred to
S. 17; S. 151; Family Courts Act; Validity---Family Courts Act; Civil Procedure Code

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

JAN MUHAMMAD VS HUMAIRA ALLAH DITA S. 17 & Preamble---Object of Family Courts Act, 1964---Provisions of Qanun-e-Shahadat, 1984 and Code of Civil Procedure, 1908 not to apply---Scope---Petitioner assailed the dismissal of his application under Art. 59 of the Qanun-e-Shahadat, 1984, read with S.151, C.P.C. for examination of a document through expert---Validity---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 such object---Purpose of enacting Family Courts Act, 1964, was to frustrate the technicalities for the purpose of justice between the parties in the shortest possible time---Provisions of 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---Trial Court after going through the relevant law had rightly dismissed the application---Constitutional petition was dismissed.

Other judgments reported in 2022 YLR

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