ARIF FAREED vs BIBI SARA Ss — 2023 SCMR 413 SUPREME-COURT

Case information

Citation: 2023 SCMR 413 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ARIF FAREED vs BIBI SARA Ss
Subject matter: Family
Provisions referred to: 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

ARIF FAREED VS BIBI SARA Ss. 5, Sched. & 14---Constitution of Pakistan, Art. 199---Family suits---Practice of High Courts to entertain constitutional petitions in family cases---Supreme Court observed that the Family Courts Act, 1964 does not provide the right of second appeal to any party to the proceedings; that the legislature intended to place a full stop on the family litigation after it was decided by the appellate court, however, the High Courts routinely exercise their extraordinary jurisdiction under Article 199 of the Constitution as a substitute of appeal or revision and more often the purpose of the statute i.e., expeditious disposal of the cases is compromised and defied; that no doubt, there may be certain cases where the intervention could be justified but a great number (of cases) falls outside such exception, therefore, the High Courts should prioritize the disposal of family cases by constituting special family benches for such purpose.

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