The law is amended to the extent of divorce certificate in Pakistan which requires the Union Council to notify the family court as soon as it receives intimation from the husband that he has pronounced divorce upon his wife and wants.Women and men should have a right of equal inheritance on the principle mentioned in section 4 of the Muslim Family Laws Ordinance; 1961 spouses should also inherit from the share of their predeceased partners on the death of a parent-in-law.
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West Pakistan Family Courts Act, 1964:
West Pakistan Family Courts Act, 1964, extends to the whole of Pakistan and applies to Muslims as well as non-Muslims. However, the government has the power to notify the operation of this law to different areas of Pakistan. So far, this law has not been extended to the Tribal Areas Under the schedule to section 5, the family courts have jurisdiction to decide matters about the, divorce certificate in Pakistan dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children, guardianship, jactitation of marriage, and, more recently, dowry.
The law was meant to expedite family cases but it has not met its objective. One of the reasons for this failure is the lengthy procedure prescribed under the law while another is the institution of related suits in family courts of different jurisdictions. The situation causes extraordinary hardship to women litigants who have often to travel long distances for court appearances. Finally, each suit if filed separately and often heard by different judges even within the same jurisdiction.
Recommendation of Pakistan Law Commission:
The Pakistan Law Commission has recommended that all related matters resulting from the termination of marriage be heard by the same judge.The law does not generally allow the transfer of cases from one district court to another within the same province. A Punjab amendment extends this jurisdiction but this example has not been followed by other provinces. The transfer of family cases between the two provinces cannot take place. Current law makes no provision for doing so.
The Pakistan Law Commission has also noted this problem and recommended a change in the law. The West Pakistan Family Courts Act, 1964, provides for two hearings to effect reconciliation one before the trial proceeds and a second at the close of the evidence. Chances of reconciliation beforeat this late stage are few and therefore to save time reconciliation efforts should not be made at two special hearings. Rather, such efforts should be ongoing during the trial.
Some of The Important Recommendation About West Pakistan Family Court Act:
The West Pakistan Family Courts Act, 1964 should also be extended to the Tribal 2 Schedule to section 5 of the Act be amended to delete “restitution of conjugal 3. The law is amended to allow for the transfer of family cases from one district court area. rights to another, as in Punjab, and from one province to another. The law is amended so that a special hearing should not be prescribed for affecting reconciliation: the same should be done during the trial. The law is amended to requires the consolidation of all issues, for example, Custody, maintenance, dower, ma ‘ta, and jactitation of marriage – arising out of the same divorce proceeding. Family courts are set up in necessary numbers, and they should deal exclusively issues concerning the family laws.