Suit for Maintenance of Wife in Islamic Law:
If you wish to file a suit for child maintenance in Pakistan or maintenance of wife in Islamic law you may contact Jamila Law Associates. If permission at the time of subsequent marriage is not sought from Arbitration Council, it will not make subsequent marriage illegal or invalid for child maintenance in Pakistan or maintenance of wife in Islamic law.
Family Court can only decide disputes mentioned in the Schedule, but Family Court will not question the validity of any marriage by provisions of Muslim Family. Still, Family act 1961, nor record any evidence regarding be admissible before such Co. The suit in which hit to property office is contested is a suit of civil nature “notwithstanding” right may depend entirely on the decision of the question as to religious rites or ceremonies. The action of Municipal Local Authorities determining the legality/ genuineness or otherwise of NIkahnama between the parties is without the backing of legal authority for child maintenance in Pakistan or maintenance of wife in Islamic law.
Family Court Means:
Comments Family Court means a Court constituted under West. It Family Courts Act, 1964, and it is a Civil Court despite excluding the Code of Civil Procedure in applying the proceeding before the Family Court. It is a judicial Court in every sense, and under the law, all Civil Courts have inherent powers under section 151, CPC. The Family Court being Civil Court, also enjoys section 151, CPC having inherent power to consolidate. Deferent disputes in different family suits arising out of the wedlock of the spouses. Family Court has exclusive jurisdiction to entertain, hears, and adjudicates men subject to Muslim Family Laws Ordinance, 1961 and Conciliation Courts Ordinance, 1961 for child maintenance in Pakistan or maintenance of wife in Islamic law.
Child Maintenance in Pakistan:
Provision of WP Family Courts Act, 1964 is a special law for child maintenance in Pakistan or maintenance of wife in Islamic law enacted to provide litigants in family matters. The role of the Family Court is not merely advisory, but it is so inquisitional. The Family that has the power to pass any order that can promote the ends of justice was to take all steps necessary to ensure that substantial justice is done.
Provision of CPC:
Provision of CPC is not applicable strictly by S. 17 of WP Family Courts Act, 1964, and Family Court competent to regulate its proceed strictly under provisions for every conceivable eventuality and unforeseen circumstances of child maintenance in Pakistan or maintenance of wife in Islamic law. Provisions of WP Family Courts Act, 1964 has overriding effect so far as the matters fall within the ambit of Schedule. Family Court is the forum that has to be approached regarding custody of minors being one listed item in the Schedule attached to Family.
Courts Act, regarding true that except Sections 10 and 11, CPC, which have been made applicable to Family Court, under Section 17 Act, CPC, on its force, does not apply to the proceedings before it on child maintenance in Pakistan or maintenance of wife in Islamic law. It is, however, to be kept in mind that the Family Courts Act does not provide for every conceivable eventuality and unforeseen circumstances. Though it is a form of limited jurisdiction, he has to regulate its proceedings.