TOPIC: FAMILY COURT RULES 1965 SUMMARY (SEC 13-24)

SUBMITTED BY:
RAMISH KHAN (H18132054)

SUBJECT: ISLAMIC PERSONAL LAW-I

BA/LLB
4 SEMESTER
TH

COURSE NO: 410(L)

SUPERVISOR:
Ms. SIDDIQA NAUSHEEN

Dated: 23-12-2020

SCHOOL OF LAW,
UNIVERSITY OF KARACHI
The West Pakistan Family Court Rules was enforced on 2nd November 1965,
Section 13 of these rules explains Ex parte decree or proceeding can be
reverse, cancel or put aside by the court on application made to the court
within 30 days from the day decree or decision was passed only when
defendant may convince the court or prove adequate cause for not appearing
in court. Section 14 explains that it is the duty of Judge who is presiding the
case that every judgment or order by him shall be in written form, he may
write himself or can dictate, it can be in court language or in English moreover
date and sign shall be inscribed by the Judge in open court at the time of
pronouncing the judgment. Clause 2 of section 14 elaborates that those
judgments, orders which are appealable shall comprise of such point or points
on which it can be checked, the decision and reason for decision shall be
describe briefly on the Judgment. Section 15 focuses when plaint is filed, its
facts shall be entered in a register in a prescribed manner required for the civil
suits under the Code of Civil Procedure, 1908. Section 16 describes that when a
judgment is passed, a decree shall be write down in FORM I and presiding
Judge shall signed it. And the decree shall carry stamp of court on it. Section 17
defines that the register of decrees and orders maintained by the court in
prescribed manner given by code of Civil Procedure, 1908. Section 18 defines
under the act or these rules, whenever any fine is paid under section 15 or 16
or money or property is deposited to the court, court uses the receipt given in
FORM II which is numbered serially and some part of it is torn off and kept as a
record by the court. Section 19 defines register of receipts and disbursement
shall be maintained when fines, monies, or property is deposited to the court
and pay out by the court in FORM III of register. Section 20 defines that when
amount payable to a party is received by the court, it is the duty of a court
that court shall issue a notice in the name of such party entitled to receive it
and shall pay it within four days. Section 21 states that all registers and records
of the court shall be preserved for such period in a manner prescribed under
the rules of High Court applicable to civil courts. Section 22 explains that any
appeal shall be submitted within 30 days on which decree or decision is passed
not including time required for obtaining copies, appeal shall be in writing,
shall mentioned grounds on which the appellant seeks to challenge the decree
or decision, shall contain all the requirements of the parties and carry the
signature of the appellant or his counsel. Certified copy of the decree and
decision of the court where a decree is passed, and a copy of the decision
where only an order is passed shall be attached with the appeal. Trial Court has
power to modify or amend the decree or decision accordingly and shall also
make necessary entries in the appropriate column of the register of decree
whenever passed by the Appellate Court. Section 23 empowers any party to
dispute that on application the court shall allow inspection of the records of
the court relating to the dispute on payment of fee i.e. fifty paisa. Further
certified copies of the decree or decisions or entry in any register maintained
under these rules shall be provided on payment of fees 25 paisa for two
hundred words. Section 24 defines that it is necessary for every office of the
court to have stamp of the court which shall be circular in shape, Family Court
and name of the District shall be mentioned on it. All documents i.e.
summonses, orders, decrees, copies issued under the Act or these rules shall
have stamp of the court on it.