The Family Court System in Pakistan?
Family Courts:
The family court system in Pakistan plays a significant role in resolving the family disputes between the parties and ensuring the legal protection to the child and women in matters effecting the family’s relationships. Family court handles the cases related to family matters such as marriage, divorce, custody, inheritance and guardianship.
Establishment of Family Court?
Family courts was established under family court act 1964 which provided rights to the women and children for maintenance, right of custody, right of divorce, etc. and also provides a solution for resolving the family matter/disputes between the parties.
Jurisdiction of Family Court:
Family court have a vast jurisdiction, and rule 6 of family court rules 1965 deals with the territorial, subject matter jurisdiction & pecuniary jurisdiction of the family court
The court which shall have jurisdiction to try a suit will be that within the local limits of which
- The cause of action wholly or in part has arisen or
- Where the parties reside or last reside together.
Provided that in suit for dissolution of marriage or dower, the court within the local limits of which the wife ordinary reside shall also have jurisdiction.
Procedure of Family Court
The family court have their own procedure to conduct the trial of the case, it is generally less formal as compared to regular court proceedings, land its aim is just to provided speedy relief and facility for easier access to justice to litigants in family matters. In family court after filing of the case by any best family lawyer, written reply has to be submitted by defendant after that the court further proceed the case for reconciliation proceedings, and after that the evidence of both the parties are produced and then final argument end up on final decision of decree to the suit.
Challenges
The women rights are protected by the family courts and but for providing the justice, the same family courts face challenges despite many reforms like delay in proceedings, culture barriers and accessibilities issues specially for women of rural areas.
Overall, the family court system in Pakistan plays a crucial role in resolving the family disputes like divorce, child custody, maintenance etc. and ensuring the legal protection to the parties for their rights.
