The Use of E-Courts, E-Filing Systems, and Video Link Facilities are to be Encouraged to Reduce the Delays in Family Cases ---- Islamabad High Court, Islamabad
Islamabad 26-07-2024: In a significant judgment aimed at addressing delays in Family Court proceedings, the Islamabad High Court has issued a series of directives to ensure timely disposal of cases. The judgment, delivered by Mr. Justice Mohsin Akhtar Kayani, addresses a writ petition filed by Sumaira Shaheen and others against the Judge Family Court-East, Islamabad, and another.
The petitioners sought a direction for the Family Court to expedite the submission of a written statement by respondent No. 2, Ziad Iqbal, and to dispose of the case in accordance with section 12-A of the West Pakistan Family Court Act, 1964. The suit for dissolution of marriage, recovery of maintenance, gold ornaments, and dowry articles had been pending for 20 months since its filing on October 31, 2022.
The Court noted the undue delays caused by procedural inefficiencies and emphasized the Family Court's duty to resolve cases promptly. The judgment cited several case laws affirming that interim maintenance orders cannot be challenged in constitutional jurisdiction.
The judgment highlighted several constitutional provisions that mandate timely justice and protection of family rights. Family Courts must dispose of cases within six months from the date of institution as per section 12-A of the West Pakistan Family Court Act, 1964. Such orders cannot be challenged in constitutional jurisdiction. Adoption of E-Courts, E-Filing systems, and video link facilities is encouraged to expedite proceedings. Judges must adhere to timelines and procedures, with potential misconduct charges for failures. Judges should provide opportunities for parties to settle disputes through mediation. Avoid unnecessary technicalities and adhere strictly to timelines for pleadings and applications. The financial and social status of the husband or father must be considered in maintenance decisions. Family Courts should provide counseling services through clinical psychologists and child psychologists.
The Court issued comprehensive directives to reform Family Court proceedings, including:
- Establishing Special E-Courts and E-Filing systems.
- Allowing parties to record and submit video statements.
- Ensuring judges inspect case files regularly and adhere to legal timelines.
- Encouraging the use of video link facilities and modern technology.
- Arranging counseling services for parties involved in family disputes.
The writ petition was disposed of with these directions, and the Judge Family Court was instructed to decide the case promptly on a day-to-day basis.
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