The Family Courts are bound by Section 12-A of the West Pakistan Family Court Act, 1964, to conclude cases within Six Months of Filing --- Lahore High Court, Lahore
Islamabad 28-11-2024: The Lahore High Court, Multan Bench, in a landmark ruling, emphasized the statutory obligation of Family Courts to decide cases within six months under Section 12-A of the West Pakistan Family Court Act, 1964. The judgment came in response to a Writ Petition filed by Mst. Kiran Saba, whose family suit had been delayed beyond the prescribed timeline.
The Petitioner, Mst. Kiran Saba, had filed a family suit for dissolution of marriage, recovery of maintenance, dowry articles, and dower against her husband and father-in-law. Despite the statutory six-month period for resolving such cases, her suit remained pending. She approached the Lahore High Court seeking a directive for an expedited resolution.
Mr. Justice Muzamil Akhtar Shabir ruled that:
- Family Courts are bound by Section 12-A of the West Pakistan Family Court Act, 1964, to conclude cases within six months of filing.
- Petitioners have the right to seek Lahore High Court intervention if this timeline is not adhered to.
- The Family Court was directed to expeditiously conclude the case without unnecessary adjournments, ensuring a fair balance between timely and just decision-making.
The Court overruled objections regarding the Maintainability of the Petition, affirming that the petitioner was within her rights to directly approach the Lahore High Court. It reiterated the importance of avoiding unnecessary delays while ensuring justice is served without undue haste.
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