SADIA IQBAL vs UMAR NASIM AHMED Ss 14(3) & 17 — 2022 YLR 2114 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 2114 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: SADIA IQBAL vs UMAR NASIM AHMED Ss 14(3) & 17
Subject matter: Criminal

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

SADIA IQBAL VS UMAR NASIM AHMED Ss 14(3) & 17---appeal against interim order passed by Executing Court/Family Court---Provisions of C.P.C. and Qanun-e-Shahadat, 1984, not applicable to proceedings of Family Court---Scope---actual point involved in the present petition was that whether first appellate Court had jurisdiction to entertain appeal against the order of Executing Court/Family Court as per provisions of Ss.14(3) & 17 of the Family Courts act, 1964---Family Courts act, 1964, was a special law and all the proceedings were conducted under the said act, and when provision of only one appeal was provided that mean there was philosophy behind the said provision of the act and Family Court had been empowered to decide all the matters while observing the principle of law---Provisions of C.P.C and Qanun-e-Shahadat, 1984, were not applicable to the proceedings of Family Court in order to decide the matters within the shortest possible time with permanent solution---Only one right of appeal had been provided by the Family Courts act, 1964, against the final order of the Family Court, whereas no provision of appeal or revision should lie against an interim order of Family Court, especially when the petitioner had taken a specific objection regarding the maintainability of appeal before the first appellate Court, that matter should have been decided first in view of spirit of law---Constitutional petition was allowed.

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