Delay in Family Court Proceedings

In W.P. No. 1972-2024, Sumaira Shaheen and others petitioned against the Judge Family Court-East, Islamabad, and another respondent, seeking directives for the Family Court to expedite the proceedings of a suit involving dissolution of marriage, recovery of maintenance, gold ornaments, and dowry articles. The petition highlighted undue delays in the judicial process.

Key Issues:

Delay in Family Court Proceedings: The petitioners argued that the Family Court failed to adhere to the timeline prescribed under Section 12-A of the West Pakistan Family Court Act, 1964, causing undue hardship.

Procedural Inefficiencies: The petitioners highlighted several procedural delays, including the late submission of written statements, issuance of notices, and resolution of ancillary matters, such as amendment applications.

Impact on Litigants: The delays negatively impacted the petitioner, causing extended litigation and distress, especially regarding interim maintenance and procedural fairness.

Case Law: Ali Adnan Dar vs. Judge Family Court (PLD 2016 Lahore 73), Muhammad Naveed Akhtar vs. Mst. Ghazala Batool (PLJ 2022 744), Ghafoor Ahmed Butt vs. Mst. Iram Butt (PLD 2011 Lahore 610), Shah Maqsood vs. Khair-un-Nisa (2021 CLC 561), Aamir Munir Puri vs. Mst. Saima Naeem and others (2021 YLR 2166), Tahir Ayub vs. Miss Atia Anwar (2015 YLR 2364), and Muhammad Shahbaz Khalid vs. Judge Family Court (PLD 2013 Lahore 64).

Court’s Analysis:

Adherence to Section 12-A: The court emphasized the mandatory nature of Section 12-A of the West Pakistan Family Court Act, 1964, which requires family cases, including suits for dissolution of marriage, to be disposed of within six months from the date of institution.

Streamlining Procedures: The court identified key procedural bottlenecks, such as delays in the submission of written statements, ex-parte proceedings, and amendment applications. It highlighted the necessity for family courts to adopt a more proactive and streamlined approach to case management.

Digitalization and E-Courts: The court suggested the establishment of special E-Courts and the use of digital technology to expedite proceedings. This includes recording statements via video link, E-Filing systems, and using modern communication tools for serving summons.

Role of Family Court Judges: Judges are directed to comply strictly with procedural timelines, avoid unnecessary adjournments, and facilitate mediation and reconciliation between parties to resolve disputes amicably.

Conclusion: The Islamabad High Court disposed of the petition with detailed directions aimed at reducing delays and ensuring timely justice in family court matters. Key directives include establishment of E-Courts and E-Filing systems, strict adherence to timelines for submitting written statements and deciding applications, encouragement of video link statements and modern communication methods for summons, regular monitoring and inspection of case files by District Judges and provision of counseling sessions by clinical and child psychologists to assist in resolving family disputes.

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