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| IN THE SUPREME COURT OF PAKISTAN C.P. No. 5601 OF 2021 |
IN THE SUPREME COURT OF PAKISTAN
C.P. No. 5601 OF 2021
Against the judgment of the High Court of Balochistan, Quetta, in C.P. No. 871/2021, in the SUPREME COURT OF PAKISTAN C.P. No. 5601 OF 2021
Arif Fareed—
Petitioner
VS
Bibi Sara and others
—Respondents
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| in the SUPREME COURT OF PAKISTAN C.P. No. 5601 OF 2021 |
In accordance with Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, permission to appeal the High Court of Balochistan, Quetta, decision dated 30.8.2021, in which Constitution Petition No. The petitioner's 871 of 2021 application was rejected.
2. The learned Family Court issued a decree in a composite family lawsuit. Both the writ petition that followed the appeal and the appeal against it was rejected.
Mst. Dua was not named as a plaintiff in the case
C.P. No. 5601 from 2021 We believe it is appropriate to set the circumstances in proper perspective before delving into the proposed solution. Whether directly or indirectly, family litigation has long-term effects on parties' emotional health, particularly on children, who become silent victims of disagreements and disagreements between adults.
Our social and institutional conceptions of the child and childhood are the root of the problem.1 The question of who is considered a child and when a person can be considered to be in their "childhood" has evolved over time. This is due to a variety of factors, including shifts in social norms and the requirement to set age limits for those with rights and responsibilities.
2 Children have traditionally been viewed as objects that require protection rather than as individuals with the rights and capabilities of autonomous individuals. Until the end of the 1970s, historians were generally of the opinion that children did not historically belong in a category of their own. As a result, children have frequently been viewed primarily as being a part of the family unit rather than as acting agents on their own.3 The United Nations Convention on the Rights of the Child (CRC), which was the first treaty to specifically address children's rights, represents a significant shift in perspective toward a "rights-based approach," which holds states and governments legally responsible for failing to meet children's needs.
4. As a result, when a child approaches the judicial system, the response needs to be child-centered, cooperative, and facilitative. The Family Courts Act of 1964 grants the Family Court ample authority to establish its own procedure whenever it is desired. The Act's goal is to have such matters resolved as quickly as possible
5. We have reviewed the document.
Plaint Body and prayer
Despite the name Ms. Although Dua is not individually mentioned in the plaintiffs' list, her case for the grant of maintenance has been clearly pleaded in the plaint's body, and the prayer clause includes a specific maintenance allowance for Ms. The plaintiff-respondent No. has asked for dua. 1 whose mother is actually Ms. Dua. In accordance with section 17 of the West Pakistan Family Courts Act, 1964, family court proceedings are exempt from the Code of Civil Procedure, 1908, with the exception of sections 10 and 11. The suit cannot fail on the basis of mis-joinder or non-joinder of the parties, even under the relevant provisions of the Civil Procedure Code (CPC).
6. In this instance, the petitioner was required to demonstrate a jurisdictional error made by the lower courts, but he failed to do so, and his writ petition was therefore denied.
He has now come to request leave to challenge the High Court's decision. The petitioner's learned counsel was required to demonstrate a flaw in the High Court's decision in order to justify granting leave, but he failed to do so. According to this perspective, learned counsel failed to present a justification for the grant of leave.
7. We would like to remind you once more that the statute established the right of appeal before we conclude this judgment. It is so established that it does not require any authority. No party to the proceedings is entitled to a second appeal under the Family Courts Act of 1964. After the appellate court made a decision, the legislature intended to put an end to the family dispute.
Nevertheless, we regretfully observe that the High Courts frequently exercise their extraordinary jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, as an alternative to appeal or revision and that more frequently than not, the purpose of the statute, C.P. No. 5601 of 2021 5, which is to expedite the resolution of cases, is compromised and defied. Certainly, there are some situations in which the intervention may be justified, but many do not fall under this exception. As a result, it is past due that the High Courts establish specialized family benches to prioritize the resolution of family cases. As a result, the petition is still rejected and the leave to appeal is denied.
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