Family cases flooded courts in 2021

The year 2021 remained a busy one for family cases despite the courts being closed for over two months due to the coronavirus pandemic.

Currently, 21,729 family cases are being heard in 48 civil and family courts of the Rawalpindi district, while 15,941 new family cases were filed during the course of 2021. As many as 712 men also filed cases for reconciliation with their estranged spouses.

Last year, a total of 1,141 were granted divorce and 5,712 women won their right to obtain haq meher and payment against their dowry.

Orders were also issued to 10,461 men to pay for the monthly expenses of their wives and children, while 35 women were directed to resolve quarrels with their husbands and children were handed over to their mothers in 1,281 cases.

Meanwhile, actor and model Veena Malik’s case pertaining to her children’s custody and monthly maintenance is also pending in the court of a senior civil judge in Rawalpindi.

Family courts remained closed for two-and-a-half months due to last year's coronavirus wave and summer vacations.

While the number of cases was low during the interim period, they witnessed a sharp increase as soon as the courts reopened.

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The main reasons cited for the noticeable escalation in family cases include incompatible marriages and an upsurge in the usage of social media application such as WhatsApp, Facebook, Instagram etc. Likewise, the blame for the apparent breakdown of family system is also placed on the incorrect and excessive usage of social media.

The growing practice of marrying out of family is also being termed as a catalyst for the increasing divorce rate, quarrels and general discontent in marital lives.

Interestingly, an increased awareness of family laws is being cited as one of the reasons for the swelling number of family cases.

Lawyers dealing with family cases including Tayyaba Abbasi, Nargis Shaheen and Sabteen Bukhari believe that marriages between incompatible individuals and nuptials occurring as a result of fleeting interactions on social media are more likely to fail.

The experts went on to share that any quarrels arising between couples of such unions are worsened by the interference of families, especially if the marriages are contracted without their permission or blessing. In other cases, couples reportedly fall out of love just a few days after being wedded, thereafter seeking separation without making wholehearted efforts to mend their relationships.

Advocates of cousin marriages also hold the practice of marrying outside the family responsible for the increase in marital spats and divorce rate. They firmly believe that marriages within the family are more enduring as the families of both spouses try their best to resolve the differences between them.

Punjab Bar Council Member Advocate Asad Abbasi has suggested that instead of directly turning to courts, family matters must seek arbitration from reconciliation councils.

"If one wishes to avoid going through court cases, divorce or Khula, the first step before resorting to courts should be presenting your case in front of a reconciliation council,” said Abbasi. “This can resolve 50% of family disputes at the union council level and will also reduce the burden on family courts.”

He added that instead of politicians and councillors, these councils should comprise members of senior retired citizens of Scale 19 and 20 as well as retired judges.

Published in The Express Tribune, January 15^th, 2022.