Suit For Dissolution of Marriage by Khula, Past and Future Maintenance, Dowry Articles

and Guardianship & Custody Of Minors

West Pakistan Family Court Act, 1965 read with Family Court Rules, 1965

1. Institution of Suit & Registration of Case

Section 7 West Pakistan Family Court Act, 1965
• Under Family Courts Act read with relevant provisions of Dissolution of Muslim
Marriage Act, Muslim Family Law Ordinance and Guardian & Wards Act
• As per territorial jurisdiction
• I.D Card of Plaintiff, Bar Council Card of Lawyer and Vakalatnama of Lawyer is
attached with Application
• 3 forms are filed with plaint
i. List of Reliance (list of documents which are relied on)
ii. Form regarding production of documents
iii. Form of Address of Plaintiff and representative, if any
• Affidavit of two witnesses

2. Preliminary Hearing
• If stay is required then Plaintiff will argue on grant of Ad-interim stay.
• Usually court grant such stay till next date of hearing or unless withdrawn

3. Summons to Defendants (Sec. 8 of the Act)

a. Summons through Bailiff and TCS / Registered Post
b. Summons through Affixation (if no one appears on behalf of defendant, if no one appears
on behalf of defendant after summons through Bailiff and TCS)
c. Newspaper Proclamation (if no one appears on behalf of defendant even after affixation)

4. Filing of Power of Attorney Counsel for Defendant

5. Filing of Reply by Respondent along with reply to stay application, if any (Sec. 9 of the Act)
(Step 4 & 5 can be done together)
3 forms are filed with plaint
i. List of Reliance (list of documents which are relied on)
ii. Form regarding production of documents
iii. Form of Address of Plaintiff and representative, if any

6. Pre-Trial Proceedings (Sec. 10 of the Act)

• Date is fixed for reconciliation (if case involves Khula)
• If wife gives statement that, she cannot live with husband, then order of divorce is
announced
7. Hearing on Interim Maintenance and/or Interim Custody

8. Framing of Issues: (Sec. 10 of the Act)

• The court will frame issues out of pleadings of parties for remaining matters other than
Khula. However, at times court ask parties to give proposed issues and then court decide
which are the real issues, after seeing proposed issued given by both parties separately.
• Court also fix burden of proof of each issue.
E.g., Whether the Plaintiff is entitled to past and future maintenance? OPP
Whether the plaintiff is entitled to guardianship and custody of minors? OPD

OPP = Onus of proof on Plaintiff

OPD = Onus of Proof on Defendant

9. Evidence: (Sec. 11 of the Act)

Applicant’s Evidence:
i. Filing of Affidavits of witnesses
ii. Witness will record statement and will give documentary evidence, if any
iii. After recording of statement, the counsel for Respondent will cross examine the witness
iv. Then next witness of Applicant will come and same procedure for each witness of plaintiff
After completing all witnesses, the counsel for Applicant will record a statement that he is
closing Applicant’s evidence

Respondent’s Evidence:
Same procedure as mentioned above for Applicant’s evidence will be followed for
Respondent’s witness.

10. Final Arguments:

Court will fix date for final arguments by both the parties

11. Judgment and Decree (Sec. 12 of the Act)

Court will pass Final Order and Decree Sheet will be prepared