Get Maintenance of Wife in Islamic Law:
If you wish to get child maintenance in Pakistan or maintenance of wife in Islamic law you may get in touch with Jamila Law Associates. For Any kind of Child Maintenance of Wife & Children choose us. When the Family Court exhibited a document, it could not de- exhibit the same by reviewing the earlier order on child maintenance in Pakistan or maintenance of wife in Islamic law.
Family Court for Maintenance:
Order of the Family Court being patently illegal and without jurisdiction, High Court in the exercise of Constitutional jurisdiction had the power to set aside such order.” 13. Speedy justice. Family Courts Act, 1964 provides a quick mechanism for the resolution of issues arising from marital relations. The legislature intends to provide swift justice to all concerned by simplifying the resolution of family disputes. For the advancement of justice, Family Court can adopt any modes that are not explicitly prohibited under the law of child maintenance in Pakistan or maintenance of wife in Islamic law.
Let Know Complete Scheme of Family Courts:
The Scheme of Family Courts clarifies that the family disputes are to be decided quickly and without being burdened with strict technicalities of law. It is for that reason that Qanun-e-Shahadat Order, 1984 had not been made applicable the only requirement under the law is that a proper procedure should be adopted by Family Court to decide the matter pending before it expeditiously and after hearing both the parties.” In the preamble, stress has been laid on expeditious settlement and disposal disputes relating to marriage and family affairs of child maintenance in Pakistan or maintenance of wife in Islamic law.
Child Maintenance in Pakistan:
A trial and proceeding of child maintenance in Pakistan or maintenance of wife in Islamic law do not need by the procedure laid down in the Act would be rendered not merely irregular but illegal and void. The Object of the Family Courts Act provides a speedy method of settling family disputes. If orders of interlocutory character are brought to the High Court, it will defeat this object. Section 13(3), analytically, reads that (a) where a decree relates to the payment of money and (b) the decrial amount is not paid within the time specified by the Court, (c) the same shall, (d) if the Court so directs, be recovered as arrears of land revenue, and (e) it shall pay no recovery to the decree-holder.
Islamic law For Wife Maintenance:
The clause if the Court so directs” is of great importance in the said subsection for child maintenance in Pakistan or maintenance of wife in Islamic law. If the legislature intended that the decrial amount shall be recorded only as arrears of land revenue in money decrees, it would have achieved this purpose by avoiding. The clause, if the Court so directs”. If the first view detailed above is accepted, the clause if the Court s0 directs” will become surplus, meaningless and redundant.
Principles of Interpretation of Statutes:
Given the aforesaid well-established principles of interpretation of statutes, such Construction is not possible. Therefore, reading section 13 whole, the proper Construction would be legislature intended to confer wide for child maintenance in Pakistan or maintenance of wife in Islamic law. Powers the Court enforcement decrees, including money decrees, and that in addition to the generality of the powers conferred on the execution Court, the legislature has vested discretion in the Court, realize. Our Family Lawyer in Lahore is Here to solve the All kind of Family & Civil Suit.
