IHC instructions in Family Cases Rabia Saghar Advocate

Islamabad High Court's instructions for early settlement of family cases and resolution of domestic issues

فیملی مقدمات کے جلد تصفیہ اور خانگی مسائل کے حل کیلئے اسلام آباد ہائیکورٹ کی ہدایات
PLJ 2025 Islamabad 6
2024 CLC 1801

i. Special E-Courts be established, any party in a family dispute can record their video statement

ii. Islamabad High Court shall provide E-kiosk to transmit the pleadings into E-Filing system

iii. The family Court has to curtail unnecessary time consumption on filing of wakalatnama and multiple adjournments for submitting the written statement, thereby reducing delays in the proceedings.

v. To curtail unnecessary delays, and to strictly comply with Sections 8 (1) and 9 (1) of the Act if the defendant seeks adjournment, it should be on a daily basis, subject to cost, and the reasons for the adjournment should be reflected in the order sheet. The adjournments sought by the defendant for filing the written statement should not stretch more than fifteen days in any eventuality.

vi. Any application if filed before the family judge in presence of other party should be to decide within three days and unnecessary adjournments may not be granted for submission of replies or amendments in pleadings

vii. Additionally, Family Court judges must comply with Section 10 (1 & 2) of the Act, which requires examining the plaint, written statement, evidence, and documents to understand controversies and address jurisdictional or ancillary matters.

viii. Before proceeding with any family suit, the Judge Family Court must provide both parties, the opportunity to settle the issue through a one-on-one session, without interference of a third person as expressed under Section 10(3) of The West Pakistan Family Court Act, 1964. Additionally, the opportunity for mediation shall also be provided at the first instance.

ix. The Judge Family Court shall enquire the financial and social status of husband/father as the case may be in any family suit while fixing the maintenance of minor or the wife or ex-wife for her iddat period as the case may be preferably within period of three to six days.

xvii. The Registrar of this Court shall also arrange services of clinical psychologist as well as child psychologist in the Family Courts for counseling sessions of the Family Judges as well as to the husband and wife, including parties in family suits so that a family unit may be saved from rigors of trial, delay and cost which are ordinarily faced by the parties in the judicial process, subject to availability of these experts as family counselors to provide services.

xix. The Registrar as well as MIT of this Court shall ensure that all such directions be notified after due approval by the AC Committee of this Court and implement the directions by arranging all such required facilities.

SUMAIRA SHAHEEN etc.versus JUDGE FAMILY COURT.


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Rabia Saghar 
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