Zeeshan Butt

Civil Judge Cum Judicial Magistrate

Family Laws Questions

The West Pakistan Family Court Act 1964

1. What is the qualification for a judge of Family Court?

Following are the qualifications given by section 4 of the Punjab Family Court Act 1964:
 Such person should be qualified to be appointed as District Judge.
 Additional District Judge.
 A civil Judge.
 A Qazi under Dastur-al-aml Diwani Riasat Kalat.
2. What is the jurisdiction of the Family Court?
As per section 5 of Family Court Act, a Family Court shall have exclusive jurisdiction to
entertain, hear and adjudicate all matters provided in Schedule 1 Part 1 and 2. These
matters are as follows:
 Schedule 1:
 Suit for dissolution of Marriage.
 Dower.
 Maintenance.
 Restitution of Conjugal Rights.
 Custody of Children (and the visitation rights of parents to meet
them).
 Guardianship.
 Jactitation of Marriage.
 Dowry.
 Personal property and belongings of a wife.
 Schedule 2: Where one of the spouses is the victim of the crime of other.
 Offence u/s 337-A (1).
 Offence u/s 337-F (1).
 Offence u/s 341, 342, 343, 344, 345, 346, 352 and 509 of the PPC.
3. If a witness is not mentioned in the schedule of witnesses attached with plaint, can he
be called at any later stage for evidence?
Yes. As per the proviso 1 to section 7 of FCA, 1964, the parties could present such
witness with the permission of the court.
4. What types of claims could be included in suit of dissolution of marriage?
Following are the claims could be included in plaint of dissolution of marriage:
 Claims relating to dowry.
 Claims for Maintenance.

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Civil Judge Cum Judicial Magistrate

 Claims for dower.

 Claims for personal belongings of wife.
 Claims for custody of children and visitation rights.
5. What is the concept of Intimation to Defendant in FCA, 1964?
As per section 8, when a suit is filed the family court shall:
 Fix a date which shall not be more than 15 days for the appearance of the
defendant.
 Within 2 days of the presentation of plaint, send notice to the defendant
together with the copy of plaint, a copy of the schedule of witnesses and copies
of documents and list of documents or reliance.
 Direct that such notice shall be served through affixation and a proclamation
shall also be made.
6. Can defendant husband claims for decree of restitution of conjugal rights in his written
statement?
Yes. As per section 9 (1A), the defendant husband could claim so in written statement
to suit for dissolution of marriage or maintenance.
Similarly, a woman defendant can in her written statement to suit for restitution of
conjugal rights make a claim for dissolution of marriage including Khula.
7. Could the defense of defendant be struck off?
Yes. If the defendant does not submit written statement, the court can strike off his
defense. Relevant provision is section 9 sub-sec 5-A.
8. What is the remedy for the defendant against whom an ex-parte decree is passed
against him under this act?
He may apply within 30 days of service of notice under sub-section 7 of section 9 of
passing of decree to the Family Court by which the decree was passed for an order to
set aside. He has to satisfy the court that:
 He was not duly served.
 He was prevented by sufficient cause from appearing when the suit was called
for hearing.
9. In how many days the Family Court shall send notice of ex-parte decree to defendant?
As per section 9(7), the family court shall notice of ex-parte decree along-with the
certified copy of the decree to the defendant within 3 days passing of decree.
10. What are pre-trial and post-trial proceedings under the Family Court Act?
Section 10 of the act provides for the pre-trial proceedings. It says that when the
written statement is filed, the court shall fix a date for pre-trial proceedings and on such
date shall examine plaint, written statement, and precise evidence if available. Further,
it can also hear the parties and the pleader. After examining all such documents, the

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Civil Judge Cum Judicial Magistrate

court shall ascertain the precise points of controversy between the parties and shall try
to reach a compromise between them.
Section 12 of the Family Court Act provides for the post-trial reconciliation efforts. It
says that after the close of evidence the Family Court shall make another effort to effect
a compromise or reconciliation between the parties within the period of 15 days.
11. When the issues are framed in a family suit?
As per section 10(4), if the reconciliation efforts fail, the court shall frame issue for the
trial.
12. What should a court do if the reconciliation proceedings fail?
As per section 10(5), the court shall immediately pass a decree for the dissolution of
marriage.
13. Can family court take evidence through audio- video link?
As per section 11(1A), the Family Court can record statement of the witness through
Audio-video link.
14. Can evidence of a witness be given through an affidavit?
As per section 11(4), the family court can permit the evidence of any witness to be given
through an affidavit.
15. What is the remedy, id the Family Court does not dispose of a case in statutory time
mentioned in section 12-A?
If the court does not dispose the suit within 6 months, parties can apply to High Court
for necessary direction from the High court.
16. Can the court order for payment of money in installments in case of a money decree
issued under Family Court Act?
Yes, as per section 13(5), the Family Court may order the payment of money in
installments.
17. What is the time limit for filing appeal in Family Cases?
It is 30 days.
18. What is the relevant provision?
It is provided in section 14.
19. In what cases no appeal lies?
Following are the cases when no appeal lies:
 Against a decree for dissolution of marriage except when the husband prevents
his wife from disposing of her property.
 Against an order for dower not exceeding one lac.
 Against an order for monthly maintenance not exceeding 5000.
 No appeal or revision shall lie from any interim order of Family Court.

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Civil Judge Cum Judicial Magistrate

20. What can Family Court do is the person summoned personally or for presenting
document willfully disobeys?
As per section 15(2), the Family Court can impose fine of 5000 rupees.
21. Do CPC and QSO apply to the proceedings of Family Court?
As per section 17, provisions of cpc and Qso do not apply to the proceedings of Family
Court.
22. Is there any exception to this rule?
Yes. Section 10 and 11 of cpc applies to the proceedings of Family Court.
23. Can a Family Court fix a higher amount for maintenance than the amount claimed for?
As per section 17-A (2), the Family Court can fix higher amount than prayed for due to
afflux of time or any relevant circumstances.
24. What will be rate of annual increase if the rate is not prescribed by the court?
As per section 17-A (3), it shall increase by ten percent in case the annual increase is not
fixed by the court.
25. Can a Family Court issue a commission?
As per section 17-B, Family Court can issue commission for the purposes stated therein.
26. Can a female file a suit for dissolution of her marriage through an agent?
Yes sir. Section 18 of Family Courts Act 1964, allows her to file it through her duly
authorized agent.
27. What is the court fee under Family Court?
It is fixed court fee of Rupee 15 for any suit under this act.
28. What procedure is followed by a Family Court while exercising the powers of a
magistrate 1st class under cr.p.c?
Procedure of Summary Trial is followed by the court in such case. Relevant provision is
section 20(2).
29. Can a Family Court as a magistrate take suo-moto cognizance of offences?
No. it can only take cognizance on the application of arbitration council, union council
and aggrieved party.
30. What provisions of Muslim Family Law Ordinance are applicable to Family Court act?
Nothing in the Family Court Act shall be deemed to affect any of the provisions of MFLO.
31. Can a Family Court pass interim order/injunction to preserve the property in dispute?
Yes, section 21-A gives such power to the Family Court.
32. In how many days the Family Court shall intimate to the Arbitration Council about the
decree of dissolution of marriage?
As per section 21-B, the Family Court shall intimate the Arbitration Council immediately
but not later than 3 days from the passing of decree.
33. Can a Family Court issue injunctions against Arbitration council?

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Civil Judge Cum Judicial Magistrate

No. Section 22 of the act bars the Family Court from issuing any injunction against the
Arbitration Council and Chairman.
34. Can the validity of marriage registered under MLFO be challenged by the Family Court?
No. Section 23 bars the Family Court both from challenging and taking evidence against
the marriage registered under MFLO.
35. Can High Court and District Court stay the proceedings, if yes, for how long?
Yes. As per section 25-B, both High Court and District Court can stay proceedings. The
Stay application shall be decided within 30 days. After the lapse of said period, the
interim stay order shall cease to be operative.
36. What matters are exclusively under the jurisdiction of Family Court?
Following are the matters exclusively under the jurisdiction of Family Court:
 Dissolution of Marriage (including Khula)
 Dower.
 Maintenance.
 Restitution of Conjugal Rights.
 Custody of children (and visitation rights of parents to meet them)
 Custody of children in abroad.
 Guardianship.
 Jactitation of Marriage.
 Dowry.
 Personal Property and belongings of a wife.

The West Pakistan Family Court Rules 1965

37. Can the court hold in-camera proceedings suo-moto?

Yes. As per rule 10 of WPFCR 1965, the Family Court can hold in-camera proceedings
bot suo-moto and on the application of the parties.
38. What is the time limit within which a Family Court to pay the concerned party any
amount it received?
As per rule 20 of the WPFCR 1965, such amount shall be delivered to the concerned
party within 4 days from the date it received.
39. Can a party to dispute inspect the record of Family Court?
Yes. As per rule 23 of WPFCR 1965, the court shall allow such party to inspect the record
on the payment of prescribed fee.
40. Does The WPFCA apply on Guardian Court?
No.
The Muslim Family Laws Ordinance, 1961

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Civil Judge Cum Judicial Magistrate

41. What is Arbitration Council and what is its composition?

An arbitration council is body created under MFLO. It consists of a chairman and one
representative from each party to dispute. If such parties fail to nominate their
representatives, the body created without such representatives shall be the Arbitration
Council.
42. Do the provisions of cpc and arbitration act apply on the proceedings of Arbitration
Council?
No. As per Section 3 of MFLO, the ordinance itself has the overriding effect on all other
laws and customs. As such, cpc and arbitration act do not apply on the proceedings
before the Arbitration Council.
43. Do the children of a person who dies in before his father receive share from the
inheritance of their grandfather?
As per Section 4 of the MLFO, such children shall per stripe receive a share equivalent to
the share which their father would have received if alive.
44. What is the meaning of Per Stripe?
It means by roots or by branch. It refers to every person down a family tree beginning
from another person. For example, everyone below a mother, such as her children and
great-grandchildren, is included in a branch.
45. What is the punishment if the Nikah Registrar does not accurately fill the columns of
Nikahnam?
As per Section 5, he shall be punished with imprisonment for a term which may extend
to 1 month and fine of 25000 rupees.
46. What is the punishment of a person who does not report a marriage not solemnized by
the Nikkah Registrar to the Nikkah Registrar?
As per Section 5, he shall be punished with imprisonment for a term which may extend
to 3 months and a fine of 1 lac rupees.
47. Whether the permission of Arbitration Council is essential for second marriage and what
is the punishment if the person contracts second marriage without such permission?
Yes, as per Section 6¸the permission of Arbitration Council is essential for second
marriage and a person who does not take such permission shall immediately return
entire amount of dower to existing wife or wives and be punished, if convicted upon
complaint with imprisonment which may extend to 1 year or fine which may extend to
5 lac rupees.
48. Whether the notice to Arbitration Council and copy to wife of Talaq is essential and
what is the punishment if the husband contravenes?
As per Section 7¸a notice of Talaq shall be sent to the Arbitration Council soon after the
pronouncement of Talaq and a copy of the same shall be sent to wife. Whoever

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Civil Judge Cum Judicial Magistrate

contravenes this rule shall be punished with imprisonment which may extend to 1 year
or fine which may extend to 5000 rupees.
49. When a Talaq does become effective?
A Talaq unless revoked earlier shall no become effective before the expiration of period
of 3 months from the date of delivery of notice to the Arbitration Council.
50. When a Talaq does become effective if the wife is pregnant?
If the wife is pregnant, Talaq does not become effective until the expiration of 3 months
or the end of pregnancy, whichever is later.
51. What procedure to be adopted for dissolution of marriage otherwise than Talaq?
As per Section 8, the procedure provided in the Section 7, shall mutatis mutandis apply
in such case.
52. What is the remedy for a wife or a children if a husband and a father fail to maintain his
wife and children respectively?
As per Section 9, such wife and mother or grandmother of such children can apply to
the Arbitration Council for the determination of such matter.
53. What would be the mode of payment of dower, if no details are mentioned in
Nikahnama?
As pee Section 10, in such case the entire dower shall be payable on demand.
54. Which Arbitration Council has the jurisdiction to deal matters provided in MFLO?
The Arbitration Council where the wife resides or in case of more than one wives, the
Arbitration Council where the last wedded wife resides. Further, in all such cases, the
Arbitration Council where wife resides has the jurisdiction.
55. How the notice of Talaq be served if the whereabouts of wife or her family is not
known?
In such case, the notice of Talaq is served upon Father, adult brother or adult sister with
the permission of Chairman of Arbitration Council. Further, if the whereabouts of all
such persons are not known, the notice may be served through publication with the
permission if the Chairman.
56. What is the method for decision making and proceedings before the Arbitration
Council?
All the proceedings before the Arbitration shall be held in-camera and all the decisions
should be taken on the basis of majority and if such majority is not possible, at the
discretion of the Chairman.
57. Can the court take cognizance of any matter under MFLO and rules made thereunder?
No. No court shall take cognizance of any offence under the Ordinance or these rules
save on a complaint from the aggrieved party.

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Civil Judge Cum Judicial Magistrate

The Dissolution Of Muslim Marriage Act, 1939

58. What are the grounds available to a woman for dissolution of marriage?
As per Section 2 of the DOMMA, 1939, a woman has following grounds for dissolution
of her marriage:
 Whereabouts of the husband are not known for 4 years. Such decree shall not
take effect for 6 months from the date of such decree. A husband can appear
and satisfy the court that he will fulfill all conjugal duties in such period. If he
does so, the court shall set aside the decree.
 Husband has neglected or failed to provide for the maintenance for 2 years.
 The husband has been sentenced for a period of 7 years or upward and
sentence has become final.
 Husband has failed without any reasonable cause to perform his marital
obligations for 3 years.
 Husband was impotent at the time of marriage and continues to be so. Before
passing the decree, on the application of the husband, the court shall make an
order requiring the husband to satisfy the court within 1 year from the date of
such order that he has ceased to be impotent.
 Husband has been insane for 2 years or suffering from leprosy or a virulent
disease.
 That she was under 16 year when given in marriage by her father, thus she
repudiates marriage on attaining the age of 18 years. Such marriage must have
not been consummated.
 The husband has accused her wife of Zina and she denies this allegation. (Lian)
 Husband treats her with cruelty, that is to say:
I. Habitually assaults her and makes her life miserable.
II. Associates with women of ill-repute and leads an infamous life.
III. Disposes of her property or prevents her from exercising her legal right
over it.
IV. Obstructs her from observing her religious practices.
V. In case of more than one wives, he does not treat her equitably.
 On any other ground acceptable under Muslim Law.
59. Whether conversion of wife to any other religion itself repudiates the marriage?
No. Such conversion does not repudiate the marriage but in such case such woman can
file suit fir dissolution of marriage on any of the grounds available in the section 2.

The Guardian and Wards Act, 1890

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Civil Judge Cum Judicial Magistrate

60. Who is a minor?

A minor is a person who under the provisions of Majority act, 1875 is to be deemed not
to have attained his majority.
61. Who is a Guardian?
A guardian is a person who has the care of the minor or his property or of both.
62. Who is a Ward?
A ward is a person for whose person or property there is a guardian.
63. In case a guardian has been appointed by court or by as will or other instrument, can a
court make order for appointing or declaring a guardian under Section 7?
No. In such case the court shall not make such order until the powers of the guardian
appointed or declared as aforesaid have ceased under the provision of this act.
64. What persons are entitled to be appointed as Guardian?
As per Section 8 of the Guardian and Ward Act, following are the persons entitled to be
appointed as Guardian: An application in this regard by all such persons is necessary.
 The person desirous of being appointed.
 The person claiming to be the guardian of person or his property.
 Any relative or friend of the minor.
 The collector of the district within which the minor ordinarily resides.
 The collector having authority with respect to the class to which such guardian
belong.
65. What court has jurisdiction for appointment of guardian of property of a minor?
As Section 9, an application for appointment of guardian of property shall be made
either at District court where the minor resides or at the District court where the
property is situated.
66. What details shall be entered in an application for the appointment of a guardian?
As per Section 10, following are the details required to be mentioned in an application
for appointment of guardian:
 Name, sex, religion, date of birth and ordinary residence of the minor.
 If the minor is a female, a statement whether she is married or not. If she is
married, name and age of her husband.
 Nature and value of the property of guardian.
 Name and address of the person having custody of minor.
 Details about the near relatives of the minor.
 Whether any guardian to person or property has been appointed by the person
who claims to be entitled by law to appoint.
 Previous record of any application for appointment of guardian.

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Civil Judge Cum Judicial Magistrate

 Whether the application is for appointment of guardian to person or property or

both.
 Qualifications of the proposed guardian.
 Grounds for declaration of a guardian.
 What is the cause for the application?
 Any other necessary particulars.
67. What is the declaration of willingness?
When an application is made for the appointment of a guardian, a declaration of
willingness by the proposed guardian is attached with such application.
68. On how many persons a notice in case of application for appointment of guardian is
served?
As per Section 11, following are the persons on whom the notice is served by the court:
 Parents of the minor.
 Person having the custody of the person and property of the minor.
 Proposed guardian.
 Any other person whom the court consider appropriate to serve.
69. Can the custody of a female minor be given to her husband?
As per Section 12(3), custody of a female minor cannot be given to her husband unless
she is already residing with her husband with the permission of her parents.
70. What is the difference between Section 12 and 25 of Guardian and ward act?
Following are the points of differences between section 12 and section 25:
 Section 12 provides for temporary custody of minors; section 25 provides for the
permanent custody of minor.
 Under section 12, the court can order any person to produce the minor or
property of minor before the court or any other person appointed for such
person; under section 25, the court can even order of the arrest of minor and
deliver him to the guardian of the minor.
 Application under section 12 is also used for meeting with the minors; no such
proceedings take place under section 25.
 Section 25 deals with cases when a minor is forcefully moved from the legal
custody of a guardian; under section 12, the minor may or may not be in the
custody of a guardian.
 Section 25 finally disposes of the petition for guardianship; section 12 does not
completely disposes of guardian petition.
 Section 25 specifically mentions about the use of power under section 100 of
cr.p.c ; there is no such mention in the section 12.

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Civil Judge Cum Judicial Magistrate

 Section 25 talks about the title of guardianship; section 12 does not dwell on title
of guardianship.
 Section 12 clearly mentions about how to deal with the temporary custody of a
female minor; no such rule is provided in section 25.
71. What actions could a Guardian court take if the person to whom the orders are issued
under Section 12 and 25 does not follow such orders?
Section 45 has provided the recourse to be adopted by the court. Following actions
could be taken.
 Such person, guardian or representative shall be liable to fine not exceeding 100
rupees and in case of recusancy to further fine not exceeding 10 rupees for each
day till the default continues.
 To detention of civil jail until he undertakes to produce or cause the minor to
produce or to compel his return.
72. What would you do as a judge of Guardian Court, if you are apprised that the
proceedings for the appointment of the Guardian are already pending in another court?
As per Section 14, in such case the judge should stay the proceedings before itself.
73. Can separate guardians be appointed for both the person and property of minor?
Yes. It is provided in Section 15 that the court can appoint separate guardian for both
the person and property of the guardian if the law to which the minor is subject admits
so.
74. What are the matters a court should consider while appointing a guardian?
In such case the judge shall be guided by what is consistent with the law to which the
minor is a subject. Further, the welfare of the minor is the main criteria for the
appointment of guardian. As per Section 17, following maters shall be considered for
determining the welfare of the minor:
 Age, sex and religion of the minor.
 The character and capacity of the proposed guardian.
 Nearness of kin to minor of the proposed guardian.
 Wishes of the deceased parents.
 Existing or previous relation of the proposed guardian with the minor.
 Preference of the minor, if minor is capable of making such preference.
 Court shall not appoint or declare guardian against the will of minor.
75. In what cases the court cannot appoint or declare guardian of a minor?
As per Section 19, following are the cases where the court cannot appoint guardian:
 Where the property of a minor is under the superintendence of a Court of Ward.
 Where the minor is a married female and whose husband is not unfit to be
guardian in the opinion of court.

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Civil Judge Cum Judicial Magistrate

 Where the father of the minor is alive and he is not unfit to be appointed as
guardian in the opinion if court.
76. What is the nature and extent of fiduciary relation between the guardian and ward?
The fiduciary relation between a minor and the guardian extends to and affects any
purchases by the guardian of the property of the minor and the selling his property to
minor. Further, it also extends to even soon after the minor ceased to be minor.
(Section 20)
77. Can a minor be a guardian of another minor?
Generally, the answer is no. But he can be the guardian of his own wife or child. (Section
21)
78. What are the major duties of a guardian?
As per Section 24, a guardian of the person of a ward must look to his support, health
and education and all other relevant matters.
79. If a ward willingly leaves the custody of a guardian, can he be forced to be back in the
custody of such guardian?
As per Section 25, the court can order such person to be back to the guardian. Even, the
court can enforce it through arrest of the minor.
80. Can a guardian appointed by court remove ward from the jurisdiction of the court
without leave of such court?
As per Section 26, he cannot do so unless he is a guardian appointed through will or is a
collector. If contravenes this provision, he shall be punished with imprisonment which
may extend to 6 months or fine of 1000 rupees under section 44.
81. Who is guardian ad-litem?
It is a guardian who has been appointed by the court.
82. Whether guardianship survives in case of joint guardianship?
As per Section 38, in case of death of one of the joint guardians, guardianship survives
until new guardian is appointed.
83. What are the grounds for removal of guardian?
As per Section 39 of the act, the court can suo-moto as well as on application of any
person interested remove the guardian on following grounds:
 For abuse of trust.
 Continued failure to perform duties.
 Incapacity to perform duties.
 Ill-treatment or neglect to take proper care of the ward.
 For contumacious disregard to the provisions of this act.
 For conviction of an offence which in the opinion of the court renders his
character unsuitable for remaining such guardian.

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Civil Judge Cum Judicial Magistrate

 Having interest adverse to that of the minor.

 Ceasing to reside within the limits of jurisdiction of the court.
 In case of guardian of property, becoming bankrupt.
 By operation of law to which the minor is subject.
84. How does the authority of guardian cease?
As per Section 41, following are the ways of cessation of authority of a guardian:
 By death.
 By removal.
 By discharge.
 Court of Ward assuming the custody.
 Ward ceasing to be minor.
 In case of a female, upon her marriage and her husband is not unfit to be her
guardian.
 By father becoming fit to be guardian.
85. How would a guardian court enforce its orders under Section 43?
These orders shall be enforced in the same manners as an injunction granted under
order 39 rules 1, 2 i.e. by attachment of the property of the guardian who disobeys or
by putting him civil jail for 6 month.
86. What is the remedy against any order passed under Section 7 and 25?
As per Section 47, an appeal lies to High Court in such cases.
87. What is the remedy against the punishment awarded under Section 44 and 45?
As per Section 47, in such case an appeal to High Court lies.

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