Family Courts in Pakistan: Evaluating Jurisdictions and Powers

Abstract

Family law in Pakistan underwent a fundamental change when the Family Courts Act, 1964 was enacted and family matters were entrusted to family courts instead of ordinary civil courts. Since then the family courts have been administering family law to provide ‘better remedies’ to women and children. This paper aims to highlight the objectives of enacting Family Courts Act 1964 and how does it regulate its own proceedings under the judicial structure. It is significant to examine that the provisions of (Civil Procedure Code, 1908) CPC are generally not applicable to the trials before family courts, however usually proceedings are more or less the same; yet, family courts have special powers to discover the possibilities of amicable settlement of family disputes. This paper investigates various procedures in several family issues like a suit for maintenance, dissolution of marriage, a suit for dower and other dowry articles, inheritance and custody of children. It also interrogates that how far the objectives of the said law are achieved and stresses that the milieu of the courts should also be affable for the visit of the child in the best interest and welfare of children and women.

Keywords

• family law
• woman
• family courts
• child
• right
• judicial system
• pakistan.