Family law is a particularly sensitive branch of jurisprudence, regulates domestic relations and disputes through Family Courts, which are expected to administer justice with promptness, compassion and equity. Regrettably, when grievances — especially those of women — are not effectively addressed, the aggrieved parties are subjected to prolonged emotional, physical and legal suffering.
Section 12 of the West Pakistan Family Courts Act, 1964 expressly mandates that family matters shall be decided within a period of six months. A plain reading of this provision indicates that where a trial court fails to adhere to the prescribed statutory timeline, the aggrieved party may seek recourse by invoking the supervisory jurisdiction of the High Court, being the apex court of the Province.
Recently, a female client engaged me in a family dispute, alleging maltreatment, non-maintenance and physical as well as mental cruelty. Upon acceptance of the brief, I duly obtained a vakalatnama and instituted a family suit before the competent court. Although the suit was contested by the defendant-husband by way of filing written statement, when the matter reached the pre-trial stage — intended for reconciliation — the proceedings were repeatedly adjourned on one pretext or another. Despite the persistent non-appearance of the defendant, the trial court continued to grant repeated opportunities, ultimately extending what was termed “the last and final chance”.
Significantly, in light of recent authoritative pronouncements of the Supreme Court, no further indulgence could legally be extended to a party who persistently defaults. Nevertheless, despite the so-called final opportunity, yet another date was fixed for the same stage. Before adjourning the matter, the Court sought the plaintiff’s consent. The lady, overwhelmed by grief and despair, remained silent, with tears streaming down her masked face — reflecting her unwillingness to endure further delay or prolongation of the proceedings.
Courts are the custodians of fundamental and legal rights; however, it is deeply distressing that, at times, aggrieved women endure greater suffering within courtrooms than they did within their homes. There is, therefore, a pressing need for strict judicial supervision in family matters. Superior courts must call for reports and explanations from subordinate courts where statutory timelines are disregarded, so that justice is not merely assured in theory but is effectively delivered in practice and is not reduced to a distant or illusory ideal.
Riaz Ali Panhwar
Hyderabad
