MARITIME SECURITY AGENCY ACT, 1994

ACT No. X OF 1994
An Act to provide for constitution and regulation of the Maritime Security Agency
WHEREAS it is expedient to constitute a Maritime Agency to provide for the regulation of maritime activities and to safeguard the maritime interests of Pakistan and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.-
(1) This Act may be called the Maritime Security Agency Act, 1994.
(2) It applies to all officers and members of the staff of the Maritime Security Agency wherever they may be.
(3) It shall come into force at once.
2. Definition.-
(1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Agency" means the Maritime Security Agency constituted under section 3;
(b) "Commanding Officer' ' means an officer appointed in command of a ship, vessel or establishment of the Agency or the officer on whom such command may devolve under this Act or the rules;
(e) "Director-General" means the Director-General of the Maritime Security Agency appointed under sub-section (2) of-section 3;
(d) "establishment" means an establishment or station belonging to, or under the control of, the Agency, whether within or outside Pakistan;
(e) "maritime interests of Pakistan" means rights, control, jurisdiction and sovereignty over Maritime Zones and includes the sovereign rights of Pakistan to explore, exploit, conserve, manage the living and non-living resources and other activities for economic exploitation, exploration and to safeguard the unauthorised exploitation of resources of Pakistan seas and prevention thereto from damage through pollution;
(f) "Maritime Zones" means the territorial waters,- the Contiguous Zone, Continental Shelf, Exclusive Economic Zone of Pakistan or any other zone or area declared as such by the Federal Government;
(g) "member of the staff' includes a Chief Petty Officer, Petty Officer, junior commissioned officer, sailor and other ministerial staff of the Agency;
(h) "officer" means a person appointed in a pay scale as an officer of the Agency, but does not include a member of the staff;
(i) "prescribed" means prescribed by rules made under this Act; "regulations" means regulations made under this Act;
(k) "rules" means rules made under this Act; and
(l) "territorial waters", "Continuous Zone", "Continental Shelf" and "Exclusive Economic Zone" shall have the meanings respectively assigned to them in the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976).
(2) All words and expressions used but not defined in this Act shall, unless the context otherwise requires, have the same meanings as assigned to them in the Pakistan Navy Ordinance, 1961 (XXXV of 1961).
3. Constitution of Agency.-
(1) As soon as may be, after the commencement of this Act, the Federal Government shall, by notification in the official Gazette, constitute an agency to be called the Maritime Security Agency for carrying out the purposes of this Act.
(2) The Agency shall consist of a Director-General to be appointed by the Federal Government from amongst the officers of Pakistan Navy who shall not be below the rank of Commodore and such other officers and members of the staff as may be appointed by the Federal Government, from time to time, including-
(a) Deputy Director-General;
(b) Director (Operation); (c) Director (Administration);
(d) Director (Technical); (e) Director (budget and Accounts); and
(f) Director (Legal Affairs).
4. Control, superintendence, command and administration of the Agency.-
Subject to overall control and superintendence of the Federal Government, the command and administration of the Agency shall vest in, and be exercised by, the Director-General as its chief executive in accordance with the provisions of this Act and the rules and regulations made thereunder.
5. Appointment of members of staff.-
(1) The Federal Government may authorize the Director-General or any other officer to appoint any officer and other members of the staff and. determine the duties to be performed by them. (2) Appointments under sub-section (1) shall be made by direct recruitment or promotion or from personnel on deputation from the Pakistan Navy or any other department of the Government in such manner as may be prescribed.\
(3) The terms and conditions of service of the officers and members of the staff shall be such as may be prescribed.
6. Oath of allegiance.-
(1) Every member of the Agency shall, as soon as possible after appointment or enrolment to the Agency, make and subscribe before his Commanding Officer or any other -officer appointed by the Commanding Officer in this behalf, an oath in the form set out in the Schedule.
(2) The oath referred to in sub-section (1) shall be read out and, if necessary, explained to him who shall, in acknowledgement, of the oath having been so read out to him, put his signature to it.
(3) When the oath set out in the Schedule is read out, it shall be repeated by the person taking oath before he signs it.
7. Liability for service.-
Every officer and member of the staff shall be liable to serve in the Agency within and outside Pakistan, until he reaches the age of superannuation or his services are terminated by the competent authority in accordance with this Act or the rules made thereunder, or on reversion to his original service or office being a transferee to the Agency on deputation or on secondment.
8. Resignation and Withdrawal from the service.-
No member of the Agency shall-
(a) resign from his service during the term of his appointment; or (b) withdraw himself from all or any of the duties of his appointment.
9. Application of the Pakistan Navy Ordinance, 1%1, etc.-
(1) Subject to the provisions of this Act, every officer and member of the staff -shall, whether appointed through Initial recruitment or otherwise, unless he is already so subject, be subject to the Pakistan Navy Ordinance, 1961 (XXXV of 1961), hereinafter referred to as the said Ordinance.
(2) Notwithstanding anything contained in sub-section (1), a civil servant transferred to the Agency on deputation or a person subject to the Pkistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Forte Act, 1953 (XXXV of 1953), on secondment to the Agency, not otherwise subject to this Act, shall be so subject to this Act and the said Ordinance to the extent and under such conditions as the Federal Government may direct:
Provided that such civil servant and other person shall he subject to the said Ordinance when they-
(a) seduce or attempt to seduce any person subject to this Act from his duty or allegiance to the Government-,
(b) commit any offence in relation to any work of defence, arsenal, naval, military, air force or Agency's establishment, station, ship, or aircraft;
(c) commit any offence under the Official Secret Act, 1923 (XIX of 1923). in relation to the affairs of the Agency.
(d) commit any offence punishable under any law for the time being in force on the vessel, ship, aircraft or property of the Agency or in relation thereof; and
(e) embark as passenger on board of the Agency's vessel, ship or aircraft.
Explanation-The expression 'civil servant' shall have the same meaning as is assigned to it in The Civil Servants Act, 1973 (LXXI of 1973).
(3) The Director-General shall, in respect of all officers and members of the staff, have all the powers conferred by or under the said Ordinance on an officer empowered to convene courts martial.
(4) Where anything is not provided for in this Act or the rules or regulations, the provisions of the said Ordinance and the rules and regulations made thereunder shall apply.
10. Powers and functions of the Agency.-
(1) The Agency shall be responsible for the regulation and protection of the maritime interests of Pakistan and to assert and enforce national jurisdiction and sovereignty in the Maritime Zones.
(2) Without prejudice to the generality of the provisions of sub-section (1), the functions of the Agency shall be to-
(a) prevent unautorised exploitation of any economic resources by any person, agency, vessel or device within the Maritime Zones;
(b) protect Pakistani fishing vessels and crew against any threat, instrusions or interference within the Maritime Zones;
(e) enforce the -national and international laws, agreements and conventions on and under the water in the Maritime Zones;
(d) assist and coordinate search and rescue for the vessels, property and lives in distress and render such assistance which may be necessary in any emergency in the Maritime Zones and on high seas;
(e) assist other departments and agencies of the Government to maintain and preserve the quality of marine life and to prevent and control the effects of marine disasters including marine pollution in and around the ports, harbours, coastal areas, estuaries and other areas of Maritime Zones;
(f) assist and co-ordinate with national and international agencies in hydrographic and oceanographic research, navigation, weather reporting and other scientific activities in the Maritime Zones;
(g) assist other departments and agencies of the Government in safe guarding and protecting artificial islands, offshore terminal. installa tions and other structures and devices in the -Maritime Zones;
(h) provide assistance for petroleum exploration and production in the Maritime Zones;
(i) render assistance to other agencies in acquisition of mineral exploration, seismic studies and assessment data in the Maritime Zones;
(j) cooperate with, and provide assistance to Customs. Coast Guards and other departments, agencies and authorities in Maritime Zones in the discharge of their duties and functions;
(k) provide an effective secondary maritime force for deployment in any emergency, war or conflict; and
(l) perform such other functions as may be assigned to it by the Federal Government from time to time, to protect maritime interests of Pakistan.
11. Other functions of the officers of Agency, etc.-
( 1) In addition to the powers and functions as officers of the Agency, such officers may perform functions of-
(i) Officers of customs as may be -entrusted to them and exercise such powers under the Customs Act, 1969 (IV of 1969), as may be delegated to them under section 6 of that Act; and
(ii) Fishery Officers as, may be entrusted to them under the Exclusive Fishery Zone (Regulation of Fishing) Act, 1975 (XXXII of 1975), and exercise such powers under the said Act as may be delegated to them under section 14 thereof.
(iii) Police Officer, and exercise all the powers conferred on an officer in charge of a Police Station under the Police Act, 1861 (V of 1861), and under the Code of Criminal Procedure, 1898 (Act V of 1898).
(2) The Government may, at any time, assign or delegate any other functions or powers upon any officer of the Agency under any law for the time being in force in the Maritime Zones.
12. Power of searches, arrest, etc.-
In exercise of the powers and performance of their functions under this Act, the officers and members of the staff may make inquiries, examinations, inspections, investigation, searches, seizures, and arrests for prevention, detection and suppression of contravention of any law for the time being in force within the Maritime Zones and for that purpose, the officers and members of the staff may board any vessel except ships, vessels or crafts of Pakistan Armed Forces.
13. Indemnity.-
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.
14. Capture of deserters.-
(1) Whenever any person subject to this Act deserts, the Director-General or any other officer authorised by him in this behalf, shall give written information of the desertion to such authorities as in his opinion may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the deserter in like manner as if he was a person for whose apprehension a warrant had been issued by the Magistrate, and shall deliver the deserter, when apprehended into the custody of the Agency.
(2) Any police officer may arrest without warrant any person whom he reasonably believes to be subject to this Act and a deserter or absentee without leave. and bring him without delay bef6re the nearest Magistrate, to be dealt with according to law.
15. Court of Appeal.-
(1) There shall be a Court of Appeal which shall hear appeals against the findings and sentence of court martial-
(a) in offences punishable under Hudood laws,
(b) in which an officer or member of the staff is sentenced to death or imprisonment for a term exceeding three months;
(c) in a case in which an officer or member of the staff is dismissed from service; and
(d) in such other cases as may be referred to it by the Director-General.
Explanation.- The expression "Hudood laws" means the Offenses Against (Enforcement of Hudood) Ordinance, 1979 (VI of 1979), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Vil of 1979), the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), the Zakat and Ushr Ordinance, 1980 (XVIII of 1980),-Ihe Prohibition (Enforcement of Hadd) Order, 1979 (P.0- No. 4 of 1979), and the laws based on the principles of Qisas and Diyat.
(2) -Subject to the provisions of sub-section (1), an aggrieved person may, within thirty days of the promulgation of the sentence, file an appeal before the Court of Appeal.
(3) The Court of Appeal shall be appointed by the Federal Government and shall consist of officers of suitable ranks and qualifications who are eligible to serve on a court martial.
(4) The Court of Appeal shall have the power to-
(i) confirm the findings, sentence or both; or
(ii) quash, alter, revise or substitute the findings and sentence; and
(iii) order retrial of the case:
Provided that no order under this sub-section shall be made to the prejudice of the accused or any other person unless he has been afforded an opportunity of being heard either personally or by his defending officer or his counsel.
(5) Where an offence has been waived or compounded under sub-section (2) of section 16, the Court of Appeal may, in its discretion having regard to the facts and circumstances of the case acquit or award, ta'zir to the offender according to the nature of the offence.
(6) Subject to the provisions of sections 16 and 17 the decision of the Court of Appeal shall be final and shall not be called in question before any court or other authority.
16. Provisions regarding waiver and compounding of qisas, etc., shall apply.-
( 1) Subject to the provisions of Chapter XVI of the Pakistan Penal Code and section 345 of the Code of Criminal Procedure, 1898, all offences failing under the said Chapter may be waived or compounded and the provisions of sections 309 and 3 1 0 of the Pakistan Penal Code shall, mutatis mutandis, apply to the waiver or compounding of offences awarded to officers and members of staff subject to this Act.
(2) Where an offence has been waived or compounded, the Court may, in its discretion having regard to the facts and circumstances of the case acquit or award ta'zir to the offender according to nature of the offence:
Provided that, in a case in which sentence of death or imprisonment for life shall have been passed against an offender convicted for an offence of qatl or jurh, such Sentence shall not be commuted without the consent of the heirs of the victim or, as the case may be, of the victim.
Explanation.- For the purpose of this section, court includes the Court of Appeals under this Act.
17. Revision.-
The Federal Government may, either on its own accord or on an application made to it, call for the record of any case decided by the court martial or in which no appeal lies and may make such order in the case as it thinks fit.
18. Power to make rules.-
(1) The Federal Government may, by notification in the official Gazette make rules for the purpose of carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of foregoing power, such rules may provide for-
(a) the command, administration and discipline of the Agency;
(b) the appointment of officers and members of the staff and their terms and conditions of service;
(c) the terms and conditions of service applicable to the civil servants or other persons transferred to the Agency on deputation or on secondment;
(d) the appointment of authority or authorised officers for case of disciplinary proceedings against civil servants and other persons specified in sub-clause (c);
(e) the convening, constitution, adjournment, dissolution and sitting of court martial and Court of Appeal and the procedure to- be observed by such Courts;
(f) the carrying into effect of sentence of court martial and Court of Appeal;
(g) investigation, arrest, custody, trial and punishment of offences; and
(h) the procedure relating to the exercise of powers of revision under this Act.
19. Power to make regulations.-
The Director-General may, with the approval of the Federal Government, make regulations by notification in the official Gazette not inconsistent with this Act or the rules.
20. Exemption of Agency vessels, etc., from port-charges.-
The exemption from the levy of any port tax, toll, rate or other charges in any part of Pakistan allowed to the vessels, ships and crafts of the Pakistan Navy, shall to the same extent and manner, be admissible to the vessels, ships and crafts of the Agency.
SCHEDULE
(See section 6)
I ____________________________ , do solemnly swear that I will bear true faith and allegiance to Pakistan:
That as an officer/member of the staff of maritime Security Agency, I will discharge my duties and perform my functions honestly, to the best of my ability and faithfully in accordance with the laws of the Islamic Republic of Pakistan, and without fear or favour, affection, or ill-will;
That I will not allow my personal interest to influence my official conduct or my official decisions;
And that I will observe and obey all commands of my seniors without any hesitation or objection.
May Allah Almighty help and guide me (Amen).
Signed in acknowledgement of the above having been read.
Date ________________
Signed in my presence after I had ascertained that the person understand the purport of what he signed. Date ________________

THE WEST PAKISTAN FAMILY COURTS RULES, 1965

[Gazette of West Pakistan, Extraordinary, 2nd November 1965]

No. Intg. 10‑31/64 (ii).‑In exercise of the powers conferred by section 26 of the West Pakistan Family Courts Act, 1964 (Act No. XXXV of 1964), the Governor of West Pakistan is pleased to make the following rules, namely: ‑

1. These rules may be called the West Pakistan Family Courts Rules, 1965.

2. In these rules, unless there is anything repugnant in the subject or context :‑
(a) "Act" means the West Pakistan Family Courts Act, 1964 (Act XXXV of 1964);

(b) ¹["Court" means the Family Court established under the West Pakistan Family Courts Act], XXXV of 1964;
(c) "form" means a form appended to these rules, ²[and]

(d)"section" means a section of the Act.

(e)³[Suit includes an application for the custody of children or guardianship under the Guardians and Ward Act, 1890].
1.Subs, by Notification No. Integ .10.31.64/11,dated 5.4.1966.
2.Omitted by ibid.
3.Ins. By ibid.

3. Subject to the provisions of rule 7, the Courts of the District Judge, the Additional District Judge, the Senior Civil Judge, the Civil Judge, First Class and the Civil Judge, First Class (Additional) shall be the Family Courts established for the purposes of the Act.

4.‑(1) A plaint under subsection (1) of section 7 shall be in writing, signed and verified by the plaintiff and shall be presented to the Court having jurisdiction under rule 5 of these Rules by the plaintiff or through a counsel, and where the plaintiff is a female, by her agent.
(2) The plaint under sub‑rule (1) shall also contain the following particulars ;.‑
(a) name of the Court in which the suit is brought and the facts showing that it has jurisdiction;
(b) the name, description and place of residence of the plaintiff;
(c)the name, description and place of residence of the defendant so far as can be ascertained; where the plaintiff or the defendant is a minor or a person of unsound mind a statement to that effect;,
(d)the facts constituting the cause of action and the place where and date when it arose; and
(e)the nature of the claim and valuation of the claim with particulars in brief and the relief claimed.

5. Where a plaint is presented to a Court not having jurisdiction‑
(a) the plaint shall be returned to be presented to the Court to which it should have been presented;
(b) the Court returning the plaint shall endorse thereon the date of its presentation to it and its return, the name of the party presenting it, and a brief statement of the reasons therefore.

Court Decisions

Family Court--Jurisdiction - Suit for dissolution of marriage filed in Family Court at Kar.--Defendant's plea that both parties being Canadian citizens. Court at Kar. lack, Jurisdiction to entertain and try such suit - Despite such plea defendant could not show that parties had lost their Pakistani citizen ship - Nikahnama was admittedly registered at Kar. - Plaintiff admittedly was not residing at the given address at Kar. - Marriage between parties having been solemnized in Kar. under Islamic Law, second Nikah at Canada was exercise in futility - Second Nikah over and above existing valid Nikah is not recognized in Islam nor is Judicial separation - If all the facts asserted by plaintiff were correct, she was Justified in instituting suit in Kar.. P.L.J. 2002 Kar. 117

PLD 1967 SC 97; P.L.J.1979 SC 120 ref.

6. The Court which shall have jurisdiction to try a suit will be that within the local limits of which‑
(a) the cause of action wholly or in part has arisen, or
(b) where the parties reside or last resided together:
Provided that in suits for dissolution of marriage or dower, the Court within the local limits of which the wife ordinarily resides shall also have jurisdiction.

Court Decisions

Jurisdiction. Proviso to R. 6, West Pakistan Family Courts Rules, 1965, enables estranged wife to file suit for dissolution of marriage within local limits of which she ordinarily resides. Words "ordinarily resides" must be construed in context of estranged wife who had left her husband's abode and had sought residence at any other place of her own choice; such place of her choice would answer to concept "ordinarily resides". Petitioner ordinarily residing at a place other choice, after separation from her husband, was, thus, competent to bring suit for dissolution of. marriage in the Court of that place. High Court ordinarily would not go into question of fact in Constitutional Jurisdiction but where findings of Courts below on the face of record appeared to be perverse or based on no evidence, High Court even in Constitutional Jurisdiction could take different view. Both Courts below having unlawfully refused to exercise their Jurisdiction on wrong assumption that they did not have such Jurisdiction, their Judgments were set aside. P.L.J.1997 Lah. 1631 = 1997 CLC 742.
Expresson ordinary resides "does not necessarily mean that residence should belong in point of time, residence for a few days is enough. Court has to see.place where female has chosen to stay regardless of whether she is a permanent resident of place, whether she has property over there or length of time she has resided there. P.L.J.1996 Lah. 1071 = 1996 CLC 1820.

7.‑ (1) Suits relating to custody of children and guardianship shall be instituted, heard and tried by the Court of the District Judge, but such Court may transfer any such suit to the Court of the Additional District Judge, the Senior Civil Judge, the Civil Judge, First Class or the Civil Judge, First Class (Additional), having jurisdiction as provided in rule 6, and thereupon the Court to which such suit is so transferred shall have jurisdiction to hear and try the same.

(2) Suits relating to the custody of children and guardianship shall be instituted, heard and tried in the Court of the Senior Civil Judge, the Civil Judge, First Class or the Civil Judge, First Class (Additional), having jurisdiction as provided in rule 6, and where in any district there is no such Court, such suits shall be instituted in and heard and tried by the Court of the District Judge.

(3) Notwithstanding anything contained in sub‑rules (1) and (2), the Court of District Judge may‑
(a) recall any suit made over by it for trial under sub‑rule (1) to an Additional District Judge, Senior Civil Judge, Civil Judge, First Class or Civil Judge, First Class (Additional) and either try such suit himself or refer it for trial to any other Court within the District;
(b) send for the record and proceedings of any suit pending for trial in the Court of the Additional District Judge, Senior Civil Judge, Civil Judge, First Class or the Civil Judge, First Class (Additional) and hear and try the suit itself or refer it for trial to any other Court within the District, and thereupon the District judge or the. Court to which such suit is so transferred, as the case may be, shall have jurisdiction to hear and try the suit.

PUNJAB AMENDMENT
Sub-rule (2) of rule 7 shall be deleted and sub-rule (1) of rule 7 shall be re-numbered as Rule 7 . by notification No. legis 4 (24)/72,dated 7.4. 1972.

8. The Court of the District Judge may, for reasons to be recorded in writing, stay the proceedings of any suit pending in the Court of the Senior Civil Judge, Civil Judge, First Class or Civil Judge, First Class (Additional).
PUNJAB AMENDMENT
Rule 8 shall be deleted by notification No. legis 4 (24)/72,dated 7.4. 1972.

9. On transfer of a case from one Court to another it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge for reasons to be recorded in writing directs otherwise.
PUNJAB AMENDMENT
Rule 9 shall be deleted by notification No. legis 4 (24)/72,dated 7.4. 1972.

10.‑ (1) The Court may, where it deems fit, direct that the whole or any part of the proceedings under the Act be held in camera.

(2)Where both the parties to the suit request the Court to hold the proceedings in camera, the Court shall do so.

¹[10-A. (1) The evidence of each witness shall be taken down in writing, in the language of the Court by the Presiding Officer of the Court, or in his presence and hearing and under his personal direction and superintendence and shall be signed by the presiding officer of the Court.

(2)When the evidence of a witness is given in English , the presiding officer of the Court may take it down in that language with his own hand and unless the parties request the Court otherwise, and authenticated translation of such evidence in the language of the Court shall form part of the record.

(3)When the evidence of a witness is given in any other language, not being English, or the language of the Court, the presiding officer of the Court may take it down in that language with his own hand, or cause it to be taken down in that language in his presence and hearing and under his personal direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record.

(4)In cases in which the evidence is not taken down in writing by the presiding officer of the Court, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by the presiding officer of the Court with his own hand, and shall form part of the record.
(5)As the evidence of each witness taken down is completed, it shall be read over to him, and shall, if necessary, be corrected.

(6)If the witness denies the correctness of any part of evidence when the same is read over to him, the presiding officer of the Court may, instead of correcting the evidence, make a memorandum thereon of the objections made to it by the witness, and shall add such remarks as he thinks necessary.

(7)If the evidence is taken down in a language different form that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language which he understands.

(8)When the Court has recorded the evidence of a witness, it shall also record such remarks (if necessary) as it thinks material respecting the demeanour of such witness whilst under examination.]
1. S.10A ins. by w.p. Notification no. Integ. 10-31/64, dated 21-2-1967

11. Where the parties agree to a compromise or conciliation effected between them under subsection (3) of section 10 or subsection (1) of section 12, the Court shall pass a decree or give decision in the suit in terms of the compromise or conciliation agreed to between the parties, as the case may be. .

12.‑ (1) Where the plaintiff or his pleader, makes default in
appearing before the Court, the suit may be dismissed in default.

(2) The Court may restore a suit dismissed in default on sufficient cause shown, on application made to it within thirty days of the dismissal in default.

13. Ex parte decree or proceedings may, for sufficient cause shown, be set aside by the Court on application made to it within thirty days of the passing of the decree or decision.

14. (1) Every judgment or order shall be written by the presiding Judge or from the dictation of such Judge in the language of the Court, or in English and shall be dated and signed by the Judge in open Court at the time of pronouncing it.

(2) Judgments and orders which are appealable shall contain the point or points for determination, the decision thereon and the reasons in brief for the decision.

REGISTERS OF CASES, DECREES, ORDERS, ETC.

15. When a plaint has been filed, its particulars shall be entered in a register to be kept in the form prescribed for Civil Suits under the Code of Civil Procedure, 1908.

16. In every suit, on passing the judgment, a decree shall be drawn up in Form I and shall be signed by the presiding Judge. The decree shall bear the seal of the Court.

Court Decisions

R. 16 of Family Courts Rules, 1965. Accumulated effect. Article 199 of Constitution of Pakistan Article 181 of Limitation Act. Compromised Judgment/decree. Non preparedness of decree sheet along with Judgment. Execution rejected by Family Court on ground of limitation. Judgment of Family Court set aside in appeal. Writ against. Family Court required to give decree sheet on announcement of Judgment and decree can be executed and not Judgment. Limitation would commence from date when decree actually drawn and signed. Period elapsed between announcement of Judgment and signing of decree shall be treated period requisite for obtaining certified copy and neglect on part of Court. Judgment not .executable in absence of decree sheet. Delay in execution was condoned. P.L.J.1999 Lah. 236 = 1999 MLD 216.

17. The Court shall maintain a register of decrees and orders in the form prescribed for decrees and orders under the Code of Civil Procedure, 1908.

18. Whenever any fine is paid under section 15 or section 16 or money or property is deposited with or realized by the Court under the Act or these rules, a receipt shall be given in Form II which shall be serially numbered and the counterfoil thereof shall be kept in the Court.

19. All fines, monies, or property deposited or realized and disbursed by the Court shall be entered in a register in Form III.

20. Where the Court receives any amount payable to a party it shall cause a notice thereof to be served on the' party entitled to receive it and shall pay it to the party concerned within four days, so far as may be of his applying therefor.

21 The records of the Court; including its registers, shall be preserved for such period as is provided under the rules of the High Court applicable to Civil Courts.

APPEALS
¹[22.‑ (1) An appeal under section 14 against the decree or
decision passed by the Court shall be preferred to the High Court within thirty days of the passing of the decree or decision, excluding the time requisite for obtaining copies thereof;
Provided that the High Court may, for sufficient cause, extend the said period.]
(2)The appeal shall be in writing, shall set out the grounds on
which the appellant seeks to challenge the decree or decision, shall contain the names, description and addresses of the parties, and shall bear the signature of the appellant or his counsel.
(3)A certified copy of the decree and decision of the Court where a decree is passed, and a copy of the decision where only an order is passed shall be attached with the appeal.
²[ (4) Any order passed by the High Court on appeal shall,
as soon as may be, be communicated to the Court concerned and the Court shall modify or amend the decree or decision accordingly and shall also make necessary entries to that effect in the appropriate column of the register of decrees.]
1.Sub.rule 22(1) subs. By W.P. notification No. Integ. 10-31/64, dated 21-2-67.
2.sub.rule 22(4) subs. By W.P. notification No. Integ. 10-31/64, dated 21-2-67.

Court decisions

Family Court Rules 1965, R. 22(3) Civil Procedure Code, 1908 (V of 1908), O.XLI, R. 1. Constitution of Pakistan, 1973, Art. 199. Petitioner did not challenge decree passed against him in respondent's suit for dissolution of marriage; only decree which he challenged was in suit for dower filed by respondent. Effect. Where two or more suits had been consolidated and decided by means of one Judgment, affected party would have option to challenge all decrees passed on basis of consolidated Judgment by means of one appeal provided if certified copies of all decrees, which were challenged in appeal were filed with appeal. Petitioner admittedly did not filed certified copy of decree for dissolution of marriage before lower Appellate Court^ Even grounds of appeal showed that only challenge made by petitioner was in respect of decree passed against him in suit for recovery of dower and he did not challenge decree of dissolution of marriage on basis thereof. Provision of R. 22(3) Family Courts Rules 1965, made it obligatory on party preferring appeal against decree dissolution of marriage to file certified copy of such decree before Appellate Court. Filing of certified copies of all decrees in consolidated litigation at the time of preferring single appeal being essential requirement of law, could not be dispensed with by Appellate Court. In addition thereto, High Court would not interfere with impugned Judgment which has been passed in accordance with law. Judgment of Appellate had been dismissed on account of failure to file certified copies of Consolidated cases. P.L.J.2000 Lah. 417.


RECORDS AND THEIR INSPECTION

23.‑ (1) The Court shall, on the application of any party to a dispute, allow inspection of the records of the Court relating to the dispute on payment of a fee of fifty paisa.

(2) On the application of any party to a suit, certified copies of the decree or decision or other proceedings or entry in any register maintained under these rules or of any portion thereof shall be supplied on payment of a fee calculated at the rate of 25 paisa for two hundred words or part thereof.
PUNJAB AMENDMENT
In Rule 23—
(a)in sub-rule (1), the brackets and figures ‘(1); and
(b) sub-rule (2)
(c)shall be deleted.
By notification No. O. P. 8(1)/71, dated 7-8-71.

24.‑ (1) There shall be kept in the office of every Court a seal of the Court which shall be circular in shape and shall have thereon the inscription `Family Court' and the name of the District.

(2)The seal of the Court shall be used on all summonses,
orders, decrees, copies and other documents issued under the Act or these rules.

FORM I

(See Rule 16)

Form of Decree

In the Family Court ----------------------------------------------

1. Case No. ---------------------------------------------------

2. ----------------------------------------------Petitioner/Plaintiff

Versus

----------------------------------------Defendant/Respondent

3. Claim for-------------------------------This suit coming this day for final disposal before this Family Court, it is hereby ordered that----------------------------

Date---------------------

Seal of Court.

Signature of the Judge

Family Court at--------------

FORM II

(See Rule18)

1. Name of the Family Court-------------------------------------------

2. Name of the payer-----------------------------------------------------

3. Amount of fine, money or property paid --------------------------

4. Particulars of the case and purpose of payment-------------------

5. Date of payment-------------------------------------------------------

(Steal)------------------------

Signature of the Judge

Family Court---------------

FORM III

(See Rule 16)

Register of Receipts and Disursement

FAMILY COURT OF--------------------------------------------------------

1.Serial No.

2.Name and address of the payer.

3.Amount or property paid, realized or deposited.

4.Particulars of the case.

5.Date of receipt.

6.No. of receipt in Form II.

7.Signature of the Judge, Family Court.

8.Date of disbursement with the name of the person to whom the money or property is paid or delivered.

9.REMARKS.

Dismissal on non appearance in civil court

  Citation Name  : 2012  YLR  2658     LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD JAMIL
Side Opponent : Mst. INAYAT BEGUM

Ss.114, 115, O. IX, Rr. 3, 4, O. XVII, Rr.2, 3 & XLVII, R.1---Pendency of application for restoration of suit dismissed for non-prosecution ---Non-appearance of both the parties on adjourned date of hearing fixed forapplicant's evidence---dismissal of such application by Trial Court for non-prosecution and non-production of evidence---Application for restoration of such dismissed application filed on the same day, which was dismissed by Trial Court for not being maintainable---Applicant's plea that his application for restoration of such dismissed application was maintainable under O.IX, R.4, C.P.C. as adjourned date of hearing had not been granted on previous date at his request---Respondent's plea that word "or" as used in O.XVII, R.2, C.P.C. would amount to "and" empowering court to dismiss suit on grounds of non-prosecution and non-production of evidence simultaneously, thus, impugned order was valid---Validity--While exercising powers under O.XVII, R.3, C.P.C. record must show that preceding date had been obtained by defaulting party, otherwise his right to lead evidence could not be closed---Power of court to "make such other order as it thinks fit" would relate to a case in which some material in for m of evidence was available on record---In absence of plaintiff and any evidence on record, provisions of O.XVII, R.3, C.P.C. would not apply, rather R.2 thereof would be attracted and must be applied by court---Record showed that present case had not been adjourned at applicant's request on previous date---Parties ought to be provided adequate opportunity in order to save their valuable rights for being trampled on technical grounds---Applicant had rightly made application for restoration under O.IX, C.P.C.---Trial Court had passed impugned order by applying wrong provisions of law, thus, committed an illegality apparent on face of record, which could be corrected in exercise of power provided under O.XLVII, R.1, C.P.C.---High Court set aside impugned order and directed Trial Court to decide such application on merits within specified time. 
 

Dismissal of a Criminal Case

Citation Name  : 2012  PCrLJ  1595     PESHAWAR-HIGH-COURT-NWFP

Side Appellant : HAKEEM FAZAL ELLAHI

Side Opponent : MUHAMMAD DIN

Ss. 249-A, 203 & 417---Shariah Nizam-e-Adl Regulation, 2009, para. 10(1)---Penal Code (XLV of 1860)---S. 427---Mischief causing damage to the amount of fifty rupees---Appeal against acquittal---dismissal of private complaint for non-prosecution ---Time frame for deciding criminal cases under Nizam-e-Adl Regulation, 2009---Allegation against the accused persons (respondents) was that they had cut trees in the property of the complainant (appellant), the value of which was approximately Rs.100,000---Trial Court dismissed the complaint against the accused persons for non-prosecution and acquitted them under S.249-A, Cr.P.C.--- Contentions of the complainant were that impugned order was patently illegal as same had been passed because of non-appearance of the complainant; that the Trial Court had ignored the principles of criminal jurisprudence that case should be decided on the basis of evidence produced by the parties and no one should be deprived of his valuable right on technical grounds; that Shariah Nizam-e-Adl Regulation, 2009, did provide time frame for deciding criminal cases but it never empowered the courts to dismiss the suit or complaint for non-prosecution ---Validity---Perusal of impugned order clearly showed that the Trial Court did not follow the legal procedure---No charge was framed against the accused persons and the Trial Court acted in haste in acquitting the accused under S.249-A, Cr.P.C., at a very initial stage without affor ding an opportunity to the complainant to prove his allegations against the accused persons---Appeal against acquittal was allowed, impugned order of Trial Court was set aside and the case was remanded to the Trial Court for deciding the private complaint strictly in accordance with law after recording evidence.