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AUN AKHTER vs AHMAD ABDUL REHMAN Ss — 2024 CLC 1331 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1331 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
AUN AKHTER vs AHMAD ABDUL REHMAN Ss
Subject matter
Family
Provisions referred to
S. 5---C; S. 12; S. 15; Family Courts Act (XXXV of 1964); Punjab Civil Courts Ordinance; 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

AUN AKHTER VS AHMAD ABDUL REHMAN Ss.3, 12 & 15---Family Courts Act (XXXV of 1964), S. 5---Civil dispute---Distribution of work---District Judge, powers of---Petitioners assailed order passed by District Judge, declining to withdraw cases of civil nature from Family Court and transferring the same to Civil Court---Validity---Whether it was power of withdrawal and transfer under S. 12 of Punjab Civil Courts Ordinance, 1962, or power to distribute business under S. 15 of Punjab Civil Courts Ordinance, 1962, no authority was vested in District Judge to entrust any matter to and empower Civil Judge to adjudicate upon any civil claim beyond the limits of its jurisdiction, in particular over the subject matters covered by special enactments---There was no provision in Punjab Civil Courts Ordinance, 1962 or Family Courts Act, 1964 or rules made thereunder which conferred authority upon Family Courts to adjudicate upon civil disputes other than those specified in Part-I of Schedule to Family Courts Act, 1964---Family Court cannot ordinarily hear civil suits for such Courts have been established for expeditious settlement and disposal of disputes regarding marriage and family affairs and the matters connected therewith---Except for disputes having unavoidable nexus with disputes adjudicated by Family Court which, if at all could be referred to Civil Judge presiding over Family Court, it would be clearly improper exercise of discretion on the part of District Judge to entrust any ordinary civil dispute to Family Court having no nexus whatsoever with any pending family case---High Court set aside order passed by District Judge and transferred cases in question to Civil Judge competent to adjudicate upon the same seized of civil matters in accordance with law---Revision was allowed accordingly.

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