SUMAIRA SHAHEEN vs JUDGE FAMILY COURT ISLAMABAD (EAST) S — 2024 CLC 1801 ISLAMABAD

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SUMAIRA SHAHEEN VS JUDGE FAMILY COURT ISLAMABAD (EAST) S.5, Sched. & S.12-a---Constitution of Pakistan, arts.4, 9, 33, 35 & 37---Constitutional petition---Delay in resolving the family disputes---Casual attitude of Judge Family Court ignoring the timeline given in S.12-a of Family Courts act, 1964---Effect---Multiple directions were issued to Judge Family Court for expeditious disposal of the matter highlighting noticeable delay in the proceedings---It is the most sacred duty of Judge Family Court to resolve the family issues in line with the mandate of Family Courts act, 1964 ('act') as well as to strictly adhere to the legislative intent in terms of S.12-a of the act---In multiple cases Family Courts proceedings linger on either due to the conduct of the parties or due to some other factors including but not limited to sluggish approach adopted by the Judges of Family Courts as well as by the lawyers in family cases without realizing the concepts as enshrined in the Constitution for protection of families, children and marriages---High Court after going through all the concepts given in the Constitution was of the view that certain directions are required to resolve all such practices in which women of Pakistan stand negated or deprived from their right to life or are treated with biases in which they cannot get their legal relief within the time frame provided in statute, therefore, it is responsibility of the State as well as of the High Court to draw such a mechanism and procedure to eliminate the delays and provide speedy mechanism of dispensation of justice in family cases to every woman and child---No doubt men will also be beneficiary of such directions, therefore, High Court while formulating certain directions disposed of the constitutional petition.

SUMAIRA SHAHEEN vs JUDGE FAMILY COURT ISLAMABAD (EAST) S — 2024 CLC 1801 ISLAMABAD

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