(ORDINANCE NO. VIII OF 1961).
This ordinance deals with different family matters according to Islamic law like as marriage, dowry articals, divorce/talaq, khula, separation of marriage and other matters belongs to husband and wife. You can read full ORDINANCE here.
An Act to make provision for the establishment of Family Courts
Preamble.— WHEREAS it is expedient to make provision for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith;
It is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the [* * *] Family Courts Act, 1964.
(2) It extends to the whole of Pakistan.
(3) It shall come into force in such area or areas and on such date or dates as Government may, by notification in the official Gazette, specify in this behalf.
(4) Nothing in this Act shall apply to any suit or any application under the Guardians and Wards Act, 1890, pending for trial or hearing in any Court immediately before the coming into force of this Act, and all such suits and applications shall be heard and disposed of as if this Act was not in force.
(5) Any suit, or any application under the Guardians and Wards Act, 1890, which was pending for trial or hearing in any Court immediately before the coming into force of this Act, and which has been dismissed solely on the ground that such suit or application is to be tried by a Family Court established under this Act, shall, notwithstanding anything to the contrary contained in any law, on petition made to it in that behalf by any party to the suit or application, be tried and heard by such Court from the stage at which such suit or application had reached at the time of its dismissal.]
2. Definitions. (1)] In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—
(a) “Arbitration Council” and “Chairman” shall have the meanings respectively assigned to them in the Muslim Family Laws Ordinance, 1961;
(b) “Family Court” means a Court constituted under this Act;
(c) “Government” means the Provincial Government];
(d) “party” shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom the Family Court adds as a party to such dispute;
(e) “prescribed” means prescribed by rules made under this Act.
(2) Words and expressions used in this Act but not herein defined, shall have the meanings respectively assigned to them in the Code of Civil Procedure, 1908.]
3. Establishment of Family Courts. (1) Government shall establish one or more Family Courts in each District or at such other place or places as it may deem necessary and appoint a Judge for each of such Court:
Provided that at least one Family Court in each District, shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the Federal Government may, on the request of Provincial Government, extend.
(2) A woman Judge may be appointed for more than one District and in such cases the woman Judge may sit for the disposal of cases at such place or places in either District, as the Provincial Government may specify.
(3) Government shall, in consultation with the High Court, appoint as many woman Judges as may be necessary for the purposes of sub-section (1)].
4. Qualifications of Judge. No person shall be appointed as a Judge of a Family Court unless he is or has been [10][or is qualified to be appointed as] a District Judge, an Additional District Judge, a Civil Judge or a Qazi appointed under the Dastur-ul-Amal Diwani, Riasat Kalat].
5. Jurisdiction. Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule.
6. Place of sittings. Subject to any general or special orders of Government in this behalf a Family Court shall hold its sittings at such place or places within the District or area for which it is established] as may be specified by the District Judge.
7. Institution of suits. (1) Every suit before a Family Court shall be instituted by the presentation of a plaint or in such other manner and in such Court as may be prescribed.
(2) The plaint shall contain all material facts relating to the dispute and shall contain a Schedule giving the number of witnesses intended to be produced in support of the plaint, the names and addresses of the witnesses and brief summary of the facts to which they would depose:
Provided that parties may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.
(3) (i) Where a plaintiff sues or relies upon a document in his possession or power, he shall produce it in court when the plaint is presented, and shall at the same time, deliver the document or a copy thereof to be filed with the plaint.
(ii) Where he relies on any other document not in his possession or power, as evidence in support of his claim, he shall enter such documents in a list to be appended to the plaint.]
(4) The plaint shall be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to in sub-section (3), as there are defendants in the suit, for service upon the defendants.
8. Intimation to defendants. (1) When a plaint is presented to a Family Court, it—
(a) may fix a date ordinarily of not more than thirty days for the appearance of the defendant;
(b) shall issue summons to the defendant to appear on a date specified therein;
(c) shall, within three days of the presentation of the plaint, send to each defendant, by registered post, acknowledgment due, a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub-section (2) of section 7 and copies of the documents and a list of documents referred to in sub-section (3) of the said section].
(2) Every summons issued under clause (b) of sub-section (1) shall be accompanied by a copy of the plaint, a copy of the Schedule referred to in sub-section (2) of section 7, and copies of the documents and list of documents referred to in sub-section (3) of the said section.
(3) [Deleted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971)].
(4) Service of the plaint and its accompaniments in the manner provided in clause (b) or clause (c) of sub-section (1) shall be deemed to be due service of the plaint upon the defendant.
