Muslim Family Law Ordinance 1961 (VIII OF 1961)

Muslim Family Law Ordinance 1961
(VIII OF 1961)

An Ordinance to give effect to certain recommendations of the commission on marriage and Family Laws. Whereas it is expedient to give effect to certain recommendation of the commission on Marriage and Family Laws.

Now, therefore in pursuance of the proclamation of the seventh day of October 1958, and in exercise of all powers enablinghim in this behalf, the President is pleased to make and promulgate the following Ordinance:-

1. Short title, extent, application and commencement(1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.(2) It extends to whole of Pakistan, and applies to all Muslim citizens of Pakistan, wherever they may be.(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint in this behalf.

2. Definition(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with this Ordinance:
Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council.

(b) “Chairman” means the Chairman of the Union Council or a person appointed by the Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that behalf by any such Government to discharge the functions of chairman under Ordinance:Provided that where the Chairman of the Union Council is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall elect one of its Muslim members as Chairman for the purposes of this Ordinance.

(c) “Prescribed” means prescribed by rules made under Sch. II.

(d) “Union Council” means the Union Council or the Town or Union Committee constituted under the Basic Democracies Order, 1959 and having jurisdiction in the matter as prescribed.

Islamic Family Law (Pakistan)

Legal System/History

The legal system is based on English common law and Islamic law. The former is more influential in commercial law while the latter is more influential in personal status (and, more recently, criminal and tax law to some extent).

After partition in 1947, the legislation relating to Muslim family law introduced under British rule continued to govern personal status. In 1961 the Muslim Family Laws Ordinance was passed, drawing much criticism from religious leaders. The first Constitution was promulgated in 1956, and included a provision known as the repugnancy clause, affirming that no law repugnant to Islamic injunctions would be enacted and that all existing laws would be considered and amended in light of this provision. The repugnancy provision has been retained and strengthened in subsequent Constitutions and amendments.

After a military take-over in 1999, the Constitution was again suspended. During 2000, discussions continued about possible amendments to the Constitution.

School(s) of Fiqh

Hanafi majority, sizeable Ja fari and Isma ili minorities; Ahmadis legal status is unclear (self-identify as Sunni Muslims but have been declared non-Muslims by the state); also Christian, Zoroastrian, Hindu, Sikh and Jewish minorities

Family Court Act, 1964 Section 25 Custody of Children

Family Court Act, 1964
Section 25
Custody of Children

Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890
A Family Court shall be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890, and notwithstanding anything contained in this Act shall, in dealing with matters specified in that Act. follow procedure prescribed in that Act.

Court Decisions
Appeal in guardianship matters-District Judge empowered under Rules framed under Act XXXV of 1964 to transfer guardianship cases to civil Judges-Civil Judge when acting as Guardian Judge, appeal against his order as per cl. (b) of subsection (i) of S. 14, held, lies to District Court and not to High Court P L D 1981 S. C 454 P L D 1972 Kar. 410 and P L D 1973 Kar. 503 approved. P L D 1969 Lab. 834 ; P L D 1972 Pesh. 1 ; P L D 1975 Lab. 334 and P L D 1977 Lab. 911 not approved. P L D 1967 S C 402 ; P L D 1957 S C (Ind.) 448 and P L D 1964 S C 520 distinguished.

Application for the appointment of guardian of minors-List of witnesses was not filed separately but the names of witnesses were mentioned in the body of plaint by the petitioner--Petitioner filed an application seeking permission to submit list of witnesses-Family Court dismissed the application on the ground that the same was not filed within seven days after the settlement of issues-Petitioners were not seeking the issuance of summons for the appearance of any witness rather they desired the Court to permit them to examine their witnesses whose names and addresses were already disclosed in the body of plaint-Validity-Parties had absolute right to produce any witness and it was incumbent upon the Family Court to examine such witnesses subject to the requirements of law. 1999 M L D 2153

Children's capability of making intelligent preference about which of the parents they choose to live with. Minor's opinion was never obtained by District Judge while deciding question of their custody. Children being present in Court, High Court obtained their opinion and they were intelligent enough to express their opinion as they have been studying in good schools. Minors, stated that they. would prefer to live with their mother. Petitioner mother would not be disentitled and disqualified to retain custody of minors on the ground that she has contracted second marriage with a person who was not related to minors and is stranger. Courts would preserve to the mother custody of children if interest and welfare of minor so demanded. Impugned order of District Judge whereby he had declared father (respondent) to be the guardian of person and property of minors was set aside. Order of Guardian Judge was modified to the extent that -father (respondent) was allowed to see his children once in a month provided their educational programme was not disturbed. Minor Children can stay with father once in a month preferably on week ends and also stay for full day on their birth day and for two days on every Eid. P.L.J.2000 Pesh. 175 = PLD 2000 Pesh. 23.

THE COMPANIES ORDINANCE, 1984 (XLVII OF 1984)

THE COMPANIES ORDINANCE, 1984

(XLVII OF 1984)
AN
ORDINANCE

To consolidate and amend the law relating to companies and certain other associations
WHEREAS it is expedient to consolidate and amend the law relating to companies and certain other associations for the purpose of healthy growth of the corporate enterprises, protection of investors and creditors, promotion of investment and development of economy and matters arising out of or connected therewith:

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action:

NOW, THEREFORE, in pursuance of the Proclamation of the fifty day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:--

PART I
PRELIMINARY
1. Short title, extent and commencement:-
(1) This Ordinance may be called the Companies Ordinance, 1984.
(2) It extends to the whole of Pakistan.
(3) This section shall come into force at once and the remaining provisions of this Ordinance shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint, and different dates may be so appointed for different provisions.