MUHAMMAD ASLAM vs JUDGE FAMILY COURT, FEROZEWALA Reading in, principle of

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MUHAMMAD ASLAM VS JUDGE FAMILY COURT, FEROZEWALA Reading in, principle of---Applicability---Reading in of words or meaning into a statutory provision is not permissible when its meaning is otherwise clear---Courts generally abstain from providing omissions in a statute. Citation Name: 2024 PLD 300 LAHORE-HIGH-COURT-LAHORE MUHAMMAD ASLAM VS JUDGE FAMILY COURT, FEROZEWALA S. 17a (3)---annual increase in maintenance---Principle---annual increase under S. 17a (3) of Family Courts act, 1964 comes into operation where Family Court has failed to prescribe annual increase in maintenance while passing judgment and decree---annual increase under S. 17a (3) of Family Courts act, 1964 does not form part of adjudication resulting in decree, however, the same is automatically enforceable by operation of law. Citation Name: 2024 PLD 300 LAHORE-HIGH-COURT-LAHORE MUHAMMAD ASLAM VS JUDGE FAMILY COURT, FEROZEWALA art. 199---Constitutional petition---alternative to right of appeal---Scope---Remedy under art. 199 of the Constitution cannot be equated with right of appeal provided under any law---Former is confined to interference in cases of violation of law whereas the latter includes arriving at any point of view after reappraisal of evidence. Citation Name: 2024 PLD 300 LAHORE-HIGH-COURT-LAHORE MUHAMMAD ASLAM VS JUDGE FAMILY COURT, FEROZEWALA S. 14 (2)(c)---Constitution of Pakistan, Arts. 199, 203D & 203G---Constitutional petition---Maintainability---Section 14(2)(c) of the Family Courts Act, 1964---Repugnancy to Injunctions of Islam---Federal Shariat Court, jurisdiction of---Petitioners were aggrieved of provision of S. 14(2)(b) and (c) of Family Courts Act, 1964 curtailing right of appeal for maintenance fixed for a meager amount of Rs.5000/- in aggregate and sought it to be declared as un-Islamic---Validity---In view of the provisions of Art. 203D of the Constitution, it was essentially the authority of the Federal Shariat Court, if any, to declare any law repugnant to Injunctions of Islam---Jurisdiction of High Court in such regard was expressly barred under Art. 203G of the Constitution---High Court declined to declare provision of S. 14(2)(c) of Family Courts Act, 1964, repugnant to Injunctions of Islam. Citation Name: 2024 PLD 300 LAHORE-HIGH-COURT-LAHORE MUHAMMAD ASLAM VS JUDGE FAMILY COURT, FEROZEWALA S. 14(2)(c)---Constitution of Pakistan, Arts. 10A & 199---Constitutional petition---One right of appeal---Question of law---Determination---Petitioners were aggrieved of provision of S. 14(2)(b) and (c) of Family Courts Act, 1964 curtailing right of appeal for maintenance fixed for a meager amount of Rs.5000/- in aggregate---Full Bench of High Court was constituted primarily to consider following two questions: first whether a decree for maintenance granted for an amount less than Rs.5000/- per month to each of the plaintiffs is appealable under S. 14(2)(c) of Family Courts Act, 1964 by judgment debtor if aggregate amount of decree is more than Rs.5000/- per month?; and second whether Clauses (b) and (c) of Subsection (2) of S. 14 of the West Pakistan Family Courts Act, 1964 are not ultra vires to the Constitution of Islamic Republic of Pakistan, 1973 after insertion of Art. 10A in the Constitution?---Plea raised by petitioners was that right of one appeal must be provided---Validity---Right to fair trial and due process is guaranteed under Art. 10A of the Constitution, for determination of civil rights and obligations of a person---There is nothing in the language of Art. 10A of the Constitution that guarantees at least one right of appeal against all such determinations---Curtailment of right of appeal under S. 14(2)(c) of Family Courts Act, 1964 is in very limited circumstances which does not unreasonably restrict access to justice when High Court, in its supervisory jurisdiction under Art. 199 of the Constitution, keeps a check on whether judgment assailed in such proceedings is based on any patent violation of law, disregard of evidence available on file or in denial of fair procedure which ought to have been followed in facts and circumstances of the case---Provision of Art. 25(3) of the Constitution permits special provisions to be made for the benefit of women and children, and the right of appeal of a husband or father has been ousted under S. 14 (2)(c) of Family Courts Act, 1964 only in such limited cases where amount of maintenance was deemed by the Legislature to be meager---High Court directed Government of Punjab to operationalize Punjab Legal Aid Agency to ensure effective enforcement of rights of access to justice and fair trial as guaranteed under Arts. 9 & 10A of the Constitution to women and children, and to provide legal aid services to indigent persons in family matters---Questions of law were answered accordingly.

MUHAMMAD ASLAM vs JUDGE FAMILY COURT, FEROZEWALA Reading in, principle of — 2024 PLD 300 LAHORE-HIGH-COURT-LAHORE

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