How Child and Wife file Maintenance Case?

How Child and Wife file Maintenance Case:

 If you have question as how the wife file maintenance case or maintenance of child in Pakistan whether as a Trial Court or an executing court, the Proceedings of the Family Court were governed by the general principles of equity, justice, and fair play.  The monetary jurisdiction of the Family Court is not limited by the West Pakistan Civil Courts Ordinance, 1962 in how the wife file maintenance case or maintenance of child in Pakistan.

Family Court:

 Family Court has jurisdiction to grant a temporary injunction on the principle that if a Court can grant final relief, it can also grant interim relief.  It has exclusive jurisdiction to entertain, hear and adjudicate upon the matter mentioned in Schedule to Act 1964 subject to the provisions of Muslim Family Laws Ordinance, 1961 and Conciliation Courts Ordinance, 1961.” While sitting over judgment passed by Special Tribunal under this Act, High Court acts as Family Court under Family Courts Act, 1964.

Judge:

The various provisions in the WP A woman could not act as a Quiz / Judge or Munsif and could not decide matters between the litigants regarding Family cases and vice versa for how the wife file maintenance case or maintenance of child in Pakistan. It asserted that a Muslim Ruler or Head of the State could not appoint a woman as Qazi / Judge with powers to record evidence of the parties and decide cases between the litigants. Petitioner despite the opportunity, cannot refer to any specificness” from the Holy Qur’an in support of his plea that a woman was disentitled to be appointed as Qazi Judge.

Maintenance of Child in Pakistan:

Regarding how the wife file maintenance case or maintenance of child in Pakistan the petitioner not challenged any specific law and did not refer to any Injunction of Islam under which a female was barred from holding the office of a Judge. The presiding officer of the Family Court should not necessarily be a Muslim.  Under S.4 of West Pakistan Family Courts Act, 1964, a Civil Judge could be appointed as a Judge of the Family Court. District Judge could also empower any Civil Judge of First Class in the District to dispose of any proceedings transferred to him under the Guardians and Wards Act, 1890.

Civil Judge:

Civil JudgeJudge, while exercising powers as a Guardian Judge, could also hear the family cases. It pointed out no jurisdictional error, factual or legal infirmity in the impugned order passed by the District Judge for how the wife file maintenance case or maintenance of child in Pakistan.  Without a doubt, he occupies the position akin to a Qazi since he could affect divorce on any ground on which it could be granted under the Muslim Law. The emphasis is on the functions alike and not that the JudgeJudge should only profess Islam.”

High Court:

High Court desired that senior and more experienced judges deal with family Suits in Trial courts than second and third-class Civil Judges.  Execution proceedings relating to family suit, signed by execution Court as civil Court, held, would be deemed to have been passed by said Court as Family Court for how the wife file maintenance case or maintenance of child in Pakistan. Party contending that the document sought to be produced a certified copy of a public document.

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