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Application under Section 12(2) of the Code of Civil Procedure 1908, is Maintainable in Family Court Proceedings where Allegations of Fraud or Misrepresentation are made --- Lahore High Court, Lahore

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Application under Section 12(2) of the Code of Civil Procedure 1908, is Maintainable in Family Court Proceedings where Allegations of Fraud or Misrepresentation are made --- Lahore High Court, Lahore

Islamabad 11-10-2024: In a landmark judgment, the Lahore High Court, Rawalpindi Bench, has ruled that applications under Section 12(2) of the Code of Civil Procedure (C.P.C.), 1908, are maintainable in Family Court proceedings where allegations of fraud or misrepresentation are made. This decision, delivered by Hon’ble Mr. Justice Mirza Viqas Rauf, sets a significant precedent in the jurisdiction of Family Courts, reaffirming that they have the authority to address issues related to fraudulent decrees, even when certain provisions of the C.P.C. are excluded.

The ruling was made in the case of Mst. Misbah Iftikhar and another Vs. Mst. Aleesa and 3 others (Writ Petition No. 1234 of 2023), which stemmed from a suit for recovery of dower, maintenance, and dowry articles. The respondent, Mst. Aleesa, had secured a decree from the Family Court granting her possession of a house as part of her dower. Subsequently, the petitioners, who were not party to the original suit, moved an application under Section 12(2) C.P.C., alleging that the decree was obtained through fraud and misrepresentation.

The application was initially dismissed by the learned Additional District Judge, Hassan Abdal, on the grounds that the provisions of the C.P.C. were not applicable to Family Court proceedings as per Section 17 of the Family Courts Act, 1964. The petitioners, however, challenged this decision in the Lahore High Court, which has now set aside the judgment of the Additional District Judge and reinstated the application for fresh adjudication.

Mr. Justice Mirza Viqas Rauf held that the exclusion of the C.P.C. provisions under Section 17 of the Family Courts Act, 1964, does not bar the Family Courts from considering applications under Section 12(2) C.P.C. in cases of alleged fraud or misrepresentation. He emphasized that Family Courts are vested with inherent powers to ensure justice is served and prevent abuse of their jurisdiction.

The Court cited various precedents, including Muhammad Arshad Anjum Vs. Mst. Khurshid Begum and others (2021 SCMR 1145) and Fozia Mazhar Vs. Additional District Judge and others (PLD 2024 Supreme Court 771), which support the notion that Family Courts can invoke C.P.C. provisions to rectify judgments obtained through deceit or concealment of material facts.

Mr. Justice Mirza Viqas Rauf further elaborated that where prima facie evidence of fraud is present, the Family Court is not only empowered but also obligated to conduct a detailed inquiry, frame issues, and record evidence before deciding on the application. The dismissal of such applications in a summary manner, as observed in the present case, was held to be erroneous.

This decision has far-reaching implications for Family Court proceedings across Pakistan. It clarifies the legal position regarding the applicability of C.P.C. provisions and ensures that Family Courts remain vigilant against fraudulent practices. By permitting the use of Section 12(2) C.P.C. in Family Court matters, the Lahore High Court has strengthened the procedural safeguards available to parties, ensuring that justice is not compromised.

The judgment also serves as a reminder that Family Courts, though established for the expeditious resolution of family disputes, must not overlook principles of fair hearing and trial. This balance between procedural efficiency and substantive justice is crucial in maintaining public confidence in the legal system.

The Lahore High Court set aside the judgment of the learned Additional District Judge, Hassan Abdal, dated February 16, 2023, and remanded the application back for fresh adjudication. The Family Court was directed to frame necessary issues and decide the matter after recording evidence, ensuring that the petitioners’ allegations of fraud and misrepresentation are duly examined.

This landmark judgment reaffirms the role of Family Courts in upholding justice and sets a new standard for handling applications under Section 12(2) C.P.C. in family disputes.