Family Courts in Pakistan in Search of ‘Better Remedies’ for Women and Children

Abstract

Family law in Pakistan underwent a fundamental change when the Family Courts Act, 1964 was enacted and family matters were entrusted to family courts instead of ordinary civil courts. Since then, family courts have been administering family law to provide ‘better remedies’ to women and children. This article looks at various procedural issues from a family court judge’s point of view to see if ‘better remedies’ have actually been provided by the family courts to women and children involved in litigation. The article is divided into six parts: the introduction; a discussion of various provisions of the 1964 Act in light of judgments of higher courts; a discussion of the issue of women judges and their role in the family court; the role of family courts as forums for conciliation between disintegrating families with a further discussion on the new concept of therapeutic jurisprudence; domestic violence – a new subject for family courts in Pakistan introduced by the Family Courts (Amendment) Ordinance, 2002; and the conclusion.

Keywords: Family Courts, Family Courts Act 1964, Better Remedies, Khula, Therapeutic Jurisprudence, Domestic Violence, Talaq, Dissolution of Marriage, MFLO, Muslim Family Laws Ordinance 1961, Maintenance Suit, Women Judges, Haq Mahr

JEL Classification: K40, K10, K19, K39, K49