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West Pakistan Family Courts Act, 1964

An Act to make provision for the establishment of Family Courts
Preamble WHEREAS it is expedient to make provision for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family affairs for matters connected therewith;
It is hereby enacted as follows:

1. Short title, extent and commencement.‑‑(1) This Act may be called the West Pakistan Family Courts Act, 1964.
(2) It extends to the whole of [Pakistan]*.
* Subs. by P.O. 4 of 1975.
2((3) It shall come into force in such area or areas and on such date or dates as Government may, by notification in the official Gazette, specify in this behalf.]
** Sub‑section (3) deleted by Senate Bill No. III of 1999 [PLJ 1999 Fed. St. 175]. Earlier the ..et has been enforced in the whole of Pakistan except Tribal areas vide Notification No. Integ. 10‑31/64, dated 21.2.1967.
(4) Nothing in this Act shall apply to any suit, or any application under the Guardians and Wards Act, 1890, pending for trial or hearing in any Court immediately before the coming into force of this Act, and all such suits and applications shall be heard and disposed of as if this Act were not in force].
[(5) Any suit, or any application under the Guardians and Wards Act, 1890, which was pending for trial or hearing in any Court immediately before the coming into force of this Act, and which has been dismissed solely on the ground that such suit or application is to be tried by a Family Court established under his Act shall, notwithstanding anything to the contrary contained in any law, on petition made to it in that behalf by any party to the suit or application, be tried and heard by such Court from the stage at which such suit or application had reached at the time of its dismissal].

2.Definitions. (1) In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say‑‑
(a) “Arbitration Council” and “Chairman” shall have the meanings respectively assigned to them in the Muslim FamilyI..aws Ordinance, 1961;
(b) “Family Court” means a Court constituted under this Act;
(c) “Government” means the 4[Provincial Government]‑.
(d) “party” shall include any person who as such in considered necessary for a proper decision of the dispute and whom the Family Court adds as a party to such dispute;
(e) “prescribed” means prescribed by rules made under this Act.
(2) Words and expressions used in this Act but not herein defined shall have the meaning respectively assigned to them in the Code of Civil Procedure, 1908.

*3. Establishment of Family Courts: ‑Government shall establish one or more Family Courts in each District or at such other place as it may deem necessary and appoint a Judge for each such Courts.
* Subs. by W.P. Family Courts (Amendment) Ordi. 1994 (X)CI of 1994) S. 2.
Provided that at least one Family Court in each District shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the Federal Government may, on the request of Provincial Government, extend:
(2) A woman Judge may be appointed for more than one District and in such cases the woman Judge may sit for the disposal of cases at such place or places in either District, as the Provincial Government may specify.
(3) Government shall, in consultation with the High Court, appoint as many woman Judges as may be necessary for the purposes of sub‑section (1).
Notification No Integ. 10‑31/64, dated 23rd January, 1967. In exercise of the powers conferred by S. 3 of W.P. Family Courts Act, 1964, the Governor of West Pakistan is pleased to establish a Family Court for Kalat Division with headquarters at Kalat and to appoint the President of the Majlis‑e‑Shoora, Kalat to be Judge of that Court.**
** See Gazette of West Pakistan, Extraordinary, dated 30th January, 1968.

*[4. Qualification of Judge.‑‑No person shall be appointed as a Judge of a family Court unless he is or has been **[or is qualified to be appointed as] a District Judge, an Additional District Judge, a Civil Judge or ***[a Qazi appointed under the Dastural‑Amal Diwani Riasat Kalat]
* Subs. by W.P. Family Courts (Amendment) Ordinance, 1966 (X of 1966), S. 5.
**Added by W.P. Family Courts (Amendment) Act, 1994 (Act 2 of 1994) S. 4.
*** Subs. by West Pakistan Family Courts (Amendment) Act of 1969, S. 2 of the words “or a Civil Judge”.

5. Jurisdiction.—(1) Subject to provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule Part I of the Schedule
“(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Family Court shall have jurisdiction try the offences specified in Part II of the Schedule, where one of the, spouses is victim of an offence committed by the other
(3) The High Court may with the approval of the Government, amend the Schedule so as to alter, delete or add any entry thereto.;

6. Place of sitting.‑‑Subject to any general or special orders of Government in this behalf, a family Court ;hall hold its sitting at such place or places within *[the District or areas for which it is established] as may be specified by the District Judge.
* Substituted by West Pakistan Ordinance X of 1966, section 6.
[* Words added by Family Courts (Amendment) Ordinance 2002]

7. Institution of suit.‑‑(1) Every suit before a Family Court shall be instituted by the presentation of a plaint or in such other manner and in such Court as may be prescribed.
(2) The plaint shall contain all material* facts relating to the dispute and shall contain a Schedule giving the number of witnesses indeed to be produced in support of the plaint, the names and addresses of the witnesses and a brief summary of the facts to which they would depose:
* The words “material” inserted by West Pakistan Ordinance X of 1966, section 7.
“Provided that a plaint for dissolution of marriage may contain all claims relating to dowry, maintenance, dower, personal property and belongings of wife, custody of children and visitation rights of parents to meet their children.”; and further that the parties may, with the permission of the Court, call any witness and at any later stage, if the Court considers such evidence in the interest of justice.
**[(3) (i) Whereas a plaintiff sues or relied upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
(ii) Where he relies on any other document, not in his possession or power as evidence in support of his claim, he shall enter such documents in a list to be appended to the plaint. giving reasons of relevancy of these documents to the claim in the plaint]
** Substituted by West Pakistan Family Courts (Amendment) Act, 1 of 1969, S. 3.
(4) The plaint shall be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to irk sub‑section (3), as there are defendants in the suit, for service upon the defendants.
*[(5) A Family Court shall conduct hearing of the suits as expeditiously as possible and shall not adjourn hearing for a period exceeding seven days and shall dispose off the suit within a period of 120 days from the date fixed by the court for the appearance of the Defendant.]
*. Added by Senate Bill No. III of 1999 (PLJ 1999 Fed. St. 175).

* 8. Intimation to defendant.‑‑(1) Where a plaint is presented to a Family Court it:‑‑
(a) may shall fix a date ordinarily of not more than **[fifteen days] for the appearance of the defendant;
(b) shall issue summons to the defendant to appear on a date specified therein;
(c) shall within three days of the presentation of the plaint, send:‑‑
* Subs. by West Pakistan Family Courts (Amendment) Act, 1 of 1969; S. 4.
**.Subs. for “thirty days” Senate Bill No. III of 1999 (PLJ 1999 Fed. St. 175).
to each defendant, by registered post, acknowledgement due, a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub‑section (2) of section 7 and copies of the document and a list of documents referred to in sub‑section (3) of the said section; and
(ii) to the Chairman of the Union Council within whose jurisdiction the defendant or defendants, as the case may be, reside, and where the defendants reside within the jurisdiction of different Union Councils, to the Chairman of every such Union Council, a notice of the plaint having been presented.
(2) Every summons issued under clause (b) of sub‑section (1) shall be accompanied by a copy of the plaint, a copy of the Schedule referred to in sub‑section (2) of section 7, and copies of the documents and list of documents referred to in sub‑section (3) of the said section.
(3) On receipt of the notice under clause (c) of sub‑section (1), the Chairman shall display the notice on the Notice Board of the Union Council for a period of seven consecutive days, and shall, as soon as may be, after the expiry of the said period inform the Family Court of the notice having been so displayed.
(4) Service of the plaint and its accompaniments in the manner provided in clause (b) or clause (c) of sub‑section (1) shall be deemed to be due service of the plaint upon the defendant.
(5) Every notice and its accompaniments under clause (c) of sub‑section (1) shall be served at the expense of the plaintiff. The postal charges for such service shall be deposited by the plaintiff qt the time of filing the plaint.
(6) Summons issued under clause (b) of sub‑section (1) shall be served in the manner provided in the Code of Civil Procedure, 1908, Order V, rules 9, 10, 11, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28 and 29. The cost of common shall be assessed and paid as for summons issued under the Code of Civil Procedure, 1908.
Explanation. .For the purposes of this section, the expression “Union Council” means a Union Council, Town Committee or Union Committee constituted under section 57 of the Electoral College Act, 1964 (IV of 1964).
PUNJAB AMENDMENT‑‑ACT XXIV OF 1971: In section 8 in sub*section (1), for clause (c), the following clause shall be substituted;
[(c) shall within three days of the presentation of the plaint, send to each defendant by registered post, acknowledgment due, a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub*section (2) of section 7 and copies of the documents and a list of documents referred to in sub‑section (3), of the said section.] and
(ii) sub‑section (3) and the Explanation occurring at the end of the section shall be deleted.
(Pb.Ordi. 24 of 1971 en forced from 23. 4971)

*[9. Written statement. (1) On the date fixed under clause (a) of sub‑section (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that each witness is expected to give.
“(la) A defendant husband may, where no earlier suit for restitution of conjugal rights is pending, claim for a decree of restitution of conjugal rights in his written statement to a suit for dissolution of marriage or maintenance, which shall be deemed as a plaint and no separate suit shall lie for it.
(1b) A defendant wife ‘may, in the written statement to a suit for restitution of conjugal rights, make a claim for dissolution of marriage including Khula’ hic shall be deemed as a plaint and no separate suit shall lie for it:
Provided that the proviso to subsection (4) of section 10 shall apply where the decree for dissolution of marriage is to be assed on the ground of khula.
* Subs. by West Pakistan Act, I of 1969, S. 5.
(2) Where a defendant relies upon a document in his possession or power, he shall produce it or a copy thereof in the Court alongwith the written statement.
(3) Where he relies on any other document not in his possession or power as evidence in support of his written statement, giving reasons of relevancy of these documents to the defence in the written statement he shall enter such documents in a list to be appended to the written statement.
(4) Copies of the written statement, list of witnesses and precis of evidence referred to in sub‑section (1) and the documents referred to in sub*section (2) shall he given to the plaintiff, his agent or advocate present in the Court.
(5) If the defendant fails to appear on the date fixed by the Family Court for his appearance then:‑‑
(a) if it is proved that the summons or notice was duly serve on the defendant, the Family Court may proceed ex parte:
Provided that where the Family Court has adjourned the hearing of the suit ex pane, and the defendant at or before such hearing appears and assigns good cause for his previous non‑appearance, he may, upon such terms as the FamilyCourt directs, be heard in answer to the suit as if he had appeared on the day fixed for his appearance; and
(b) if it is not proved that the defendant was duly served as provided in sub‑section (4) of section 8, the Family Court shall issue fresh summons and notice to the defendant and cause the same to be served in the manner provided in clauses (b) and (c) of sub‑section (1) of section 8.
(6) In any case in which a decree is passed ex pane against a defendant under his Act, he may apply within reasonable time of the passing thirty days of the service of notice under subsection (7) of the passing of the decree thereof, to the Family Court by which the decree was passed for an order to set it aside, and if he satisfies the Family Court that he was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was heard or called for hearing, the Family Court shall, after service of notice on the plaintiff, on such terms as to cost as it deems fit, make an order for setting aside the decree as against him and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only„ it may be set aside against all or any of the other defendant also.’
“(7) The notice of passing of the exparte decree referred to in subsection (6) shall be sent, to the defendant by the Family Court together with a certified copy of the decree within three days of the passing of the decree, through process server or by registered post, acknowledgement due, or thro 7h courier service or any other mode or manner as it may deem tit.
(8) Service of notice and its accompaniment in the manner provided in subsection
(7) shall be deemed to be due service of the notice and decree on the defendant. .

*[10. Pre‑trial proceeding.‑‑(1) When the written statement is filed, the Court shall fix an early date for a pre‑trial hearing of the case.]
* Sub. by West Pakistan Family Courts (Amendment) Act, 1969, S. 6.
(2) On the date so teed the Court shall examine the plaint, the written statement (if any) and the precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their Counsel.
(3) At the pre‑trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the pares if this be possible,
(4) If no compromise or reconciliation is possible the Court shall frame the issues in the case and fix date for the *[recording] of evidence.‑‑
“Provided that notwithstanding any decision or judgment of an) Court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation falls, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage awe time of marriage.
* Inst. by W.P. Act 1 of 1969 S. 6 (b).

11. Recording of evidence.‑‑(1) On the date fixed for the *[recording of the evidence], the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.
* Subs. by W.P. Family Courts (Amendment) Act (1 of 1969) S 7 (a).
(2) The Court shall not issue any summons for the appearance of any witness unless, within three days of the framing of issues, any party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible for such party to produce the witness,
*[(3) The witnesses shall give their evidence in their own words;
Provided that the parties or their counsel may further examine, cross* examine or re‑examine the witness:
Provided further that the Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or in needlessly offensive in form],
* Subs. by West Pakistan Family Court (Amendment) Act, 1969, S. 7 (b),
*[(3‑A) The Family Court may, if it so deems fit, put any question to any witness for the purposes of elucidation of any point which it considers material in the case
* Added by West Pakistan Courts (Amendment) Act, 1969, S. 7.
(4) The Family Court may permit the evidence of any witness to be given by means of an affidavit:
Provided if the Court deems fit it may call such witness for the purpose of further examination in accordance with sub‑section (3).

12. Conclusion of trial. (1) After the close of evidence of both sides, the Family Court shall make another effort to effect a compromise or reconciliation between the parties within a period not exceeding fifteen days
(2) If such compromise or reconciliation is not possible, the Family j Court shall announce its judgment and give a decree.

12-A. Cases to be disposed of within a specified period.--A Family Court shall dispose of a case, including as a suit for dissolution of marriage, within a period of six months from the date of institution:
Provided that where a case is not disposed of within six months either party shall have a right to make an application to the High Court for necessary direction as the High Court may deem fit.

13. Endorsement of decrees.‑‑(1) The Family Court shall pass a decree in such form and in such manner as may be prescribed, and shall enter its particular in the prescribed register.
(2) If any money is paid, *[and] any .property is delivered in the presence of any Family Court, in satisfaction of the decree, it shall enter the fact of payment *[and] the delivery of property, as the case may be, in the aforesaid register.
* Substitued by W.P Ordinance (X of 1966) s.11
(3) Where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, not exceeding thirty days the same, shall, if the Court so directs, be recovered as arrears of land‑revenue and on recovery shall be paid to the decree‑holder.
(4) The decree shall be executed by the Court passing it or by such other Civil Court as the District Judge may, by special or general order, direct.
(5) A Family Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit.

14. Appeal.‑‑*[(1) Notwithstanding anything provided in any other law for the time being in force, a decision given or decree passed by a Family Court shall be appealable]‑‑
(a) to the High Court, where the Family Court is presided over by a District Judge, an Additional District Judge or any person notified by Government to be of the rank and status of a District Judge or an Additional Distinct Judge; and
(b) [to the District Court, in any other case.]
(2) No appeal shall lie from a decree by a Family Court:‑‑
(a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (d) of item (viii) of section 2 of the Dissolution of Muslim Marriage Act, 1939;
(b) for dower or dowry not exceeding **[rupees ten thousand];
(c) for maintenance of **[rupees one thousand] one thousand” or less per month.
***[(3) Hearing of an Appeal shall be conducted by the court as expeditiously as possible and hearing shall not be adjourned for a period exceeding seven days and appeal shall be disposed off by the court within a period of 120 days from the date fixed by the court for the appearance of the Respondent.]
** Inst. by West Pakistan Ordinance X of 1966, S.12.
** Subs. for “rupees one thousand” by Senate Bill No. III of 1999 (PLD 1999 Fed. St. 175]
*** Subs. for “rupees twenty‑five thousand” by Senate Bill No. III of 1999 (PLD 1999 Fed. St. 175).
“(3) No appeal or revision shall lie against an interim order passed by a Family Court.
(4) The appellate Court referred to in subsection (1) shall dispose of the appeal within a period of tour months.

15. Power of the Family Court to summons witness.‑‑(1) A Family Court may issue summons to any person to appear and give evidence, or to produce or cause the production of any document:
Provided that:‑‑
(a) no person who is exempted from personal appearance iii a Court under sub‑section (1) of section 133 of the Code of Civil Procedure, 1908, shall be required to appear in person;
(b) a Family Court may refuse to issue summons or to enforce a summons already issued against a witness when, in the opinion of Court, the attendance of the witness cannot be procured without such delay, expense or inconvenience as in the circumstances would be unreasonable.
(2) If any person to whom a Family Court has issued summons to appear and give evidence or to cause the production of any documents before it, wilfully disobeys such summons, Family Court, may take cognizance of such disobedience, and after giving such person an opportunity to explain, sentence him to a fine not exceeding one hundred thousand rupees.

16. Contempt of Family Court. A person shall be guilty of contempt of the Family Court if he, without lawful excuse:‑‑
(a) offers any insult to the Family Court; or
(b) causes an interruption in the work of the Family Court; or
“(bb) misbehaves with any person in the Court premises or uses abusive language, threats or uses physical force or intimidates in an form; or.”
(b) for the words “two hundred” the words “two thousand” shall be substituted
(c)refuses to answer any question put by the Family Court, which he is bound to answer; or
(d) refuses to take oath to state the truth or to sign any statement made by him in the Family Court,
and the Family Court may forthwith try such person for such contempt and sentence him to a fine not exceeding rupees two hundred.

17. Provision of Evidence Act and Code of Civil Procedure not to apply.‑‑(1) Save as otherwise expressly provided by or under this Act, the provisions of the Evidence Act, 1872 Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984) and the Code of Civil Procedure 1908, *[except sections 10 and 11], shall not apply to proceedings before any Family Court in respect of Part I of Schedule
* Words added by West Pakistan Family Courts (Amendment) Act of 19()7, S. 2.
(2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings before the Family Courts.

“17-A. Interim order for maintenance.–At any stage of proceedings in a suit for maintenance, the Family Court may pass an interim order for maintenance, whereunder the payment shall be made by the fourteenth of each month, failing which the Court may strike off the defence of the defendant and decree the suit. ‘

17-B. Power of the Court to issue Commission.--Subject to such conditions and limitations as may be prescribed, the Court may issue a Commission to,-
(a) examine any person;
(b) make a local investigation; and
(c) inspect any property or document.”.

18. Appearance through agents.‑‑If a person required under this Act to appear before a Family Court, otherwise than as a witness, is a pardanashin lady, the Family Court may permit her to be represented by a duly authorized agent.

19. Court Fees.‑‑Notwithstanding anything to the contrary contained in the Court‑Fee Act, 1872, the court‑fees to be paid on any plaint filed before a Family Court shall be Rupees (Fifteen] for any kind of suit.
PUNJAB AMENDMENT: In Section 19.
For the words “rupee one”, the words “rupees fifteen” shall be substituted.
Punjab Act 14 o f 1973, S. 9.

” 19. Court-fee.--Notwithstanding anything contained in the Court Fees Act, 1870 (VII of 1870), the court-fee to be paid on any plaint or memorandum of appeal shall be rupees fifteen for any kind of suit or appeal

20. Investment of powers of Magistrates on Judges.‑*Government may invest any Judge of a Family Court with powers of Magistrate, First Class to *[make order for maintenance] under section 488 of the Code of Criminal Procedure, 1898.
* Subs. by West Pakistan Ordinance X of 1966 S. 13.

“20. Family Court to exercise the powers of the Judicial Magistrate.–A Family Court shall have and exercise all the powers of Judicial Magistrate of the First Class under the Code of Criminal Procedure, 1898 (Act V of 1898).”.

21. Provision of Muslim Family Laws Ordinance to be applicable.‑‑(1) Nothing in this Act shall be deemed to affect any of the provision of the Muslim Family Laws Ordinance, 1961, or the rules framed thereunder and the provisions of sections 7, 8, 9 and 10 of tire said Ordinance shall be applicable to any decree for the dissolution of marriage solemnized under the Muslim Law, maintenance or dower, by a Family Court.
*[(2) When a Family Court passes a decree for the dissolution of a marriage solemnized under the Muslim Law, the Court shall send by registered post, within seven days of passing such decree, a certified copy of the same to the appropriate Chairman referred to in S. 7 of the Muslim Family Laws Ordinance, 1961, and upon receipt of such copy, the Chairman shall proceed as if he had received an intimation to talaq, required to be
*[given] under the said Ordinance.
* Subs. by West Pakistan Ordinance, X of 1966, S.13.
(3) Notwithstanding anything to the contrary in any other law, decree for dissolution of a marriage solemnized under the Muslim Law shall:‑‑
(a) not be effective until the expiration of ninety days from the day on which a copy thereof has been sent under sub‑section (2) to the Chairman; and
(b) be of no effect if within the period specified in clause (a) reconciliation has been effected between the parties in accordance with provisions of the Muslim Family Laws Ordinance, 1961.
Punjab Amendment. For section 21, the following section shall be substituted:‑‑
“21-A. Interim order vending–The Family Court may Pass an interim order to preserve and protect any property in dispute in a suit and .any other property of a party to the suit, the preservation of which is considered necessary for satisfaction of the decree, if and when passed.”.

*[22. Power to issue injunctions.—– A Family Court may grant such interim relief or injection as it may deem fit in the interest of justice during the pendency of the suit. Provided that a Family Court shall not have the power to issue an injunction to, or stay any proceedings before, Chairman or an Arbitration Council.]
* . Subs. by Senate Bill No. III of 1999 (PLR 1999 Fed. St. 175)

23. Validity of marriage registered under the Muslim Family Laws Ordinance, 1961, not to be questioned byFamily Courts.‑‑A Family Court shall not question the validity of any marriage registered in accordance with the provision of the Muslim Family Laws Ordinance, 1961 nor shall any evidence in regard thereto be admissible before the said Court.

24. Family—-‑Courts to inform Union Councils of cases not registered under the Muslim Family Laws Ordinance, 1961.‑‑If in any proceedings before a Family Court, it is brought to the notice of the Court, that a marriage solemnized under the Muslim Laws Ordinance, 1961, has not been registered. in accordance with the provisions of the said Ordinance and the rules framed thereunder, the Court shall communicate such facts in writing to the Union Council for the area where the marriage was solemnized

25. 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.
Punjab Amendment: After section 25 of the said Act this following new section should be added.

25‑A. Transfer of cases.‑‑Notwithstanding anything contained in any law the High Court may either on the application of any party or of its own accord, by an order in writing,
(a) transfer any suit or proceeding under this Act from the Family Court to another Family Court in the same district or from a Family Court of on district to a Family Court of another district; and
(b) transfer any appeal or proceeding under this Act from the District Court of one district to the District of another district.
(2) A District Court may, either on the application of any party or of its own accord; by an order in writing, transfer any suit or proceeding under this Act from one Family Court to another Family Court in a district or to itself and dispose it of as a Family Court.
“(2-a) Where a Family Court remains vacant or the, Presiding Officer remains on leave or absent for any reason, except due to vacations, for more than thirty days, a District Court may, either on the application of any party or of its own accord, by order in writing, transfer any suit or proceeding from such Family Court to another Family Court in a District or to itself and dispose it of as a Family Court.
(2b) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the Supreme Court may at any stage transfer any suit appeal or other proceedings under this Act pending before a Court in one Province to a Court in another Province, competent to try or dispose of the same-”.
(3) Any Court to which a suit, appeal or proceeding is transferred under the proceeding sub‑sections, shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of in the manner as if it were instituted or filed before it:
Provided that on the transfer of a suit, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge. for reasons to be recovered in writing, directs otherwise.
Punjab Ordi. 24 of 1971, S. 4.
Sindh Amendment:

“25‑B. Stay of proceedings by the High Court and District Courts.‑‑Any suit, appeal or proceeding under this Act, may be stayed:
(a) by the District Court, if the suit or proceeding is pending before a Family Court within its jurisdiction; and
(b) by a High Court, in the case of any suit, appeal or proceeding.”
“Provided that the stay application shall be finally decided by the District Court or the High Court, as the case may be, within thirty days failing which the interim stay order shall cease to be operative.”
Punjab Ord. 24 of 1971, S. 4.

26. Power to make rules.‑‑(1) Government may, by Notification in the official Gazette, make rules to carry into effect the provisions of this Act.
(2) Without prejudice to the generality of the provisions contained in sub‑section (1) the rules so made may, among other matters, provide for the procedure, which shall not be inconsistent with the provisions of this Act, to by followed the Family Courts.

May 22, 2024
Divorce and Khulla under Shariah Law
The difference between Divorce by Talaq and Khulla can be understood as under :-

Divorce (Talaq)

Initiated by the husband: In Islamic law, a divorce (Talaq) is typically initiated by the husband.
Khula

Initiated by the wife: Khula is a type of divorce initiated by the wife, where she seeks a release from the marriage. The Team of our lawyers are well experienced for Divorce Khulla Karachi services can help women understand their rights and the process involved.

There are several ways for establishing divorce in Shariah:

Both the husband and the wife come to an agreement that they wish to separate through divorce, and the husband then pronounces one declaration of divorce upon his wife….and if the couple do not reconcile before the waiting period of ‘iddah’ (three menstrual cycles of the wife), a divorce in the marriage will be established.

The husband alone wishes to divorce his wife; in such a case the husband has the right to declare a divorce upon his wife.

The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’:

She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her.

If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Shariah Judge has the right to declare a divorce between the husband and the wife in marriage.

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Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation regarding Divorce Khulla Karachi.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com
May 20, 2024
Preparation of Divorce Papers in Karachi Pakistan
If Husband is seeking to give divorce to his wife or on the other hand if a wife is seeking to exercise her delegated right of divorce in her nikhanama, then Divorce papers are prepared by their Lawyers. If both parties agree to divorce each other then a mutual divorce deed is prepared, whereas it is commonly one sided.
A Divorce Deed is prepared wherein a brief history of marriage and child description is narrated, which is supplemented with terms and conditions of divorce if any. It is also mentioned that the amount of Haq Meher is returned by way of a cheque/ Pay order and the same is tendered along with original Divorce Papers. The Divorce Deed is couriered to the recipient and it is ensured that the same is received.

A Copy of the Divorce Deed along with copy of the cheque and delivery receipt of the courier is submitted before the concerned union council which upon receiving application will issue notices to the parties for reconciliation. The Applicant can appoint their lawyer to appear on their behalf who will attend hearing for reconciliation. If reconciliation fails then the concerned union council issues divorce certificate.

What we can do online for you?
- Draft Divorce Deed as per Pakistani Laws.
- Acknowledgement of Service of Divorce Deed.
- Application to the Concerned Union Council for registration of Divorce Deed .
- Representation before the Union Council for Confirmation of Divorce.
- Obtaining Confirmation of registration of Divorce from the Union Council.
Should our clients opt for negotiation, we shall effectively negotiate on their behalf and aim for alternative dispute resolution avoiding lengthy litigation in court.
Please note that our Professional Fees is based on the number of hours involved in prepared and contesting your work. However we will give you an estimate of our Professional Fees.

Feel Free to contact us for detailed discussion.

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Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com

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May 20, 2024
Court Marriage Procedure in Karachi Pakistan

Our Law Firm is commonly engaged for court marriages legal services. If you are looking for information on the court marriage procedure in Karachi, Pakistan, our Support Staff shall facilitate court nikahnama as well as affidavit of Free Will, which is legally recognized and enforceable under Muslim Personal Law. The Court Marriage Procedure Karachi Pakistan is streamlined to ensure compliance.

The procedure for court marriage is to supply copies of National Identity Card, Two copies of photos with white or blue background and proper verification of age and identity. The minimum age for a Girl to get married is 16 and for a boy is 18 years. Under age marriage of child is prohibited under the law. Age verification is necessary and the same can be done by way of producing copies of National Identity Card, Form B or Educational Certificate. Understanding this procedure will help in preparing the required documents for Court Marriage Procedure Karachi Pakistan.

We keep the record of our clients confidential and secure and therefore, you can trust on our ability to serve you in the best possible manner. Our experience with this process ensures smooth handling of the Court Marriage Procedure Karachi Pakistan. The team of our lawyers also deal with the Muslim and Christian Divorces.

Regular Website: https://www.irfanlaw.com

Contact Us

Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com

We are also planning to open our branch office at Bahria Town Karachi very soon, for that if you have any suggestion for location please feel free to indicate for better serving our clients.

Divorce Case Fees, Court Marriage Fees, Court Marriage Fees Karachi, Khulla Case Fees Karachi, Valentine’s Day

May 20, 2024
Christian Divorce in Pakistan

Christian divorce is regularized under Christian Divorce Act 1869. Under Christian law either party has no right to pronounce divorce upon other party like Muslim Family Law. Only court has power to declare the marriage null and void or grant judicial separation or dissolve the marriage between the spouses. Therefore, for dissolution of Marriage either party has to file the Civil Petition before the Civil Judge.
Under section 10 of the Divorce Act 1869 husband may file petition for the dissolution of Marriage to the civil judge by filing civil petition praying that his marriage may be dissolve on the ground that his wife has since the solemnization thereof been guilty of adultery.
And if wife want to dissolve her marriage she will also file the civil petition before civil judge praying that her marriage may be dissolve on the ground that his husband since the solemnization thereof exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with other woman.
Or guilty of incestuous adultery
Or bigamy with adultery
Or marriage with another woman with adultery
Or rap, sodomy or bestiality
Or adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro
Or adultery coupled with desertion without reasonable excuse for two years or upward.
Other way of separation is to declare the marriage null and void. The court can declare the marriage null and void under section 18 of the Divorce Act 1869. The grounds for nullity of marriage are mentioned in section 19 of the Divorce Act which is as under:-
1. That the respondent was impotent at the time of marriage and at the time of institution of suit.
2. That the parties are within the prohibited decrees of Consanguinity (whether natural or legal) or affinity.
3. That either party was a lunatic or idiot at the time of marriage.
4. That former husband or wife of either party was living at the time of marriage, and the marriage with such former husband or wife was then enforce.
There are no other ground in law for the dissolution of Marriage or declaring the marriage null and void except the above.

For more information please visit our website

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Contact Us

Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com

May 18, 2024
Child Marriage Restraint Act, 1929 Pakistan

An Act to restraint the solemnization of child marriages.

Whereas it is expedient to restrain the solemnization of child marriages:

It is hereby enacted as follows:

1. Short titled, extent and commencement.
(1)    This Act may be called the Child Marriage Restraint Act (1929).
(2)    It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever they may be.
(3)    It shall come into force on the 1st day of April, 1939.

2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,
(a)    “child” means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age;
(b)   “child marriage” means a marriage to which either of the contracting parties is a child;
(c)    “contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized;
(d)    “minor” means person of either sex who is under eighteen years of age,
(e)    “Union Council” means the Union Council or the Town Committee constituted under the Law relating to Local Government for the time being in force.

PUNJAB AMENDMENT IN SECTION 2:
(i)    at the end of clause ©, the word “and” shall be added;
(ii)    the comma appearing at the end of clause (d) shall be replaced by a full stop; and
(iii)    clause e shall be omitted.
Punjab Ordinance, 23 of 1971.

3. Omittedby Muslim Family Laws Ordinance, 1961 (VIII of 1961 S. 12 (w.e.f. 15.07.1961).

4. Punishment for male adult above eighteen years of age marrying a child.
Whoever, being a male above eighteen years of age, contracts child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

5. Punishment for solemnizing a child marriage.
Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

6. Punishment for parent or guardian concerned in a child marriage.
(1)    Where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both:
Provided that no woman shall be punishable with imprisonment.
(2)    For the purpose of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnized.

7. Imprisonment not to be awarded for offence under section 3.
Notwithstanding anything contained in section 25 of the General Clauses At, 1897, or section 64 of the Pakistan Penal Code, Court sentencing an offender under section 3 shall not be competent to direct that, in default of payment of the fine imposed, he shall undergo only term of imprisonment.

8. Jurisdiction under this Act.
Notwithstanding anything contained in section 90 of the Code of Criminal Procedure, 1898, no Court other than that of a Magistrate of the First Class shall take cognizance of or try any offence under this Act.

9. Mode of taking cognizance of offence.
No Court shall take cognizance of any offence under this Act except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken after the expiry of one year from the date on which the offence is alleged to have been committed.

PUNJAB AMENDMENT

In section 9:
The words and commas “except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken” occurring after the words “under this Act” and before the words “after the expiry” shall be omitted.
Punjab Ordinance, 23 of 1971, S. 3.

10. Preliminary inquiries into offences under this Act.
The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section 203 of the Code of Criminal Procedure, 1898, either itself make an inquiry under section 202 of that Code or direct a Magistrate of the First Class subordinate to it to make such inquiry.

11. Omittedby Muslim Family Laws Ordinance, 1961.

12. Power to issue injunction prohibiting marriage in contravention of this Act.
(1)    Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnized, issue an injunction against any of the persons mentioned in sections 3, 4, 5 and 9 of this Act prohibiting such marriage.
(2)    No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show-cause against the issue of the injunction.
(3)    The Court may either on its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section (1).
(4)    Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader, and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.
(5)    Whoever, knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:
Provided that no woman shall be punishable with imprisonment.

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Divorce Case Fees, Court Marriage Fees, Court Marriage Fees Karachi, Khulla Case Fees Karachi,

May 18, 2024
Dowry and Bridal Gifts (Restriction) Act, 1976

An Act to provide for restrictions on dowry and bridal gifts
WHEREAS it is expedient to provide for restrictions on dowry and bridal gifts and for matters connected therewith or ancillary thereto. It is hereby enacted as follow:-

S-1: Short title, extent and commencement.
(1) This Act may be called the Dowry and Bridal Gifts (Restriction) Act, 1976.
(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan.
(3) It shall come into force at once.

S-2: Definitions.
In this Act, unless there is anything repugnant in the subject or context,–
(a) “bridal gift” means any property given as a gift before, at or after the marriage, either directly or indirectly, by the bridegroom or his parents to the bride in connection with the marriage but does not include Mehr;
(b) “dowry” means any property given before, at or after the marriage, either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her.
(c) “marriage” includes betrothal, nikah and rukhsati;
(d) “parents’ includes the guardian of party to a marriage and any person who provides for dowry or bridal gifts and, in the case of a party to a marriage who has no parent, or whose marriage is solemnized in circumstances in which, or at a place at which, no parent is present, such party;
(e) “present” means a gift of any property, not being a bridal gift or dowry, given before, at or after the marriage, either directly or indirectly, to either party to a marriage in connection with the marriage or to the relatives of the bride or bridegroom but does not include neundra and salami;
(f) “property” means property, both moveable and immovable, and includes any valuable security as defined in the Pakistan Penal Code (Act XLI of 1860); and
(g) “Registrar” means a Nikah Registrar licensed under the Muslim Family Laws Ordinance, 1961 (VII of 1961), and such other person as may be designated from time to time to perform the functions of the Registrar.

S-3: Restriction on dowry, presents and bridal gifts.
(1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees:
Explanation:
The ceiling of five thousand rupees specified in this sub-section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given.
[(1-A). No person shall give or accept, or enter into an agreement to give or to accept dowry, bridal gifts or presents of a value exceeding the aggregate value specified in subsection (1)].
[(2) No dowry, bridal gifts or present may be given before six months or after one month of nikah and, if rukhsati takes place some time after nikah after one month of such rukhsati].

S-4: Restriction on presents.
No person shall give to either party to the marriage any present value of which exceeds on husband rupees:
Provided that the limit of one hundred shall not apply to the presents given to the bridegroom by the parents of the bride under sub-section (1) of section 3:
Provided further that the President, the Prime Minister, Federal Minister, Chief Minister, Minister of State, Adviser, Governor, Speaker, deputy Speaker, the Chairman or the Deputy Chairman of the Senate, Parliamentary Secretary, member of the Senate, National Assembly or Provincial Assembly, Government Servant, or an official serving in any corporation, industry or establishment owned, controlled or managed by Government shall not receive any present in connection with his marriage or the marriage of his son or daughter except from his relations (khandan).
Provided further that this restriction shall not apply to a Government servant or official serving in the scale below national Pay Scale 17 not exercising in any manner judicial, revenue or executive authority.

S-5: Vesting of dowry, etc.
in the bride. All property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however, derived shall hereafter not be restrictive, conditional or limited.

S-6: Expenditure on marriage.
The total expenditure on marriage, excluding the value of dowry, bridal gifts and presents, but including the expenses on mehndi, barat and valima, incurred by or on behalf of either party to the marriage shall not exceed two thousand and five hundred rupees.

S-7: Display of dowry, etc.
Omitted by Ord. 36 of 1980, section 3.

S-8: Declaration regarding expenditure to be submitted to Registrar.
(1) The father of the bridegroom or any other person who arranges the marriage shall, within fifteen days of the expiry of the period fixed under sub-section (2) of section 3 for giving dowry, bridal gifts and presents, and entertainment did not exceed the limits laid down in this Act.
(2) The Registrar shall forward the declaration submitted under sub-section (1) to the Deputy Commissioner within fifteen days of receipt of such declaration.

S-8-A: Complaints against violation of the Act.
If any person attending a marriage ceremony is satisfied that the provisions of this Act or the rules made thereunder has been contravened in respect of such ceremony, he may submit a complaint, giving full particulars of the contravention, to the Deputy Commissioner].

S-9: Penalty and Procedure.
(1) Whoever contravenes, or fails to comply with, any provision of this Act or the rules made thereunder shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine [which shall not be less than the amount proved to have been spent in excess of the maximum limit laid down in this Act] or with both, and the dowry, bridal gifts or presents given or accepted in contravention of the provisions of this act shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act:
Provided that if both the parents of a party to the marriage contravene, or fail to comply with, any provision of this Act or the rules made hereunder, action under this section shall be taken only against the father:
Provided further that if the parent who contravenes, or fails to comply with, any provision of this act or the rules made there under is a female, she shall be punishable with fine only.
(2) Any offence punishable under this Act shall be tribal only by a Family Court established under the West Pakistan Family Courts Act, 1964 (W.P. Act No. XXV of 1964).
(3) No Family Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by , or under the authority of, the Deputy Commissioner within.
[three] months from the date of nikah, and if rukhsati takes place some time after nikah, from the date of such rukhsati.
(4) While trying an offence punishable under this Act, Family Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of offences by Magistrates.

S-10: Power to make rules.
The Federal Government, in respect of the Islamabad Capital Territory, and a Provincial Government in respect of the Province, may, by notification in the official Gazette, make rules for carrying out the purposes of this Act].

S-11: Omitted by Ord. 27 of 1981.
[17th August 1976]

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Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com

May 18, 2024
Law against Domestic Violence in Pakistan

For Legal assistance of Lawyer in case of domestic violence.

We always respond quickly to urgent situations.

We respond quickly to requests for help in cases of domestic violence. The violence may be physical, sexual or psychological. It may be inflicted by anyone with whom you are in a domestic relationship, or have been in the past – for example, your spouse, partner, or child.

We discuss your needs and consider how to protect you. An application for an injunction may be made to the court so that your abuser is prohibited from coming near you. Any order that is obtained may also carry a Power of Arrest providing you with immediate and effective protection.

As well as obtaining legal protection for you, we can give legal advice in relation to your children including maintenance, the family home and rights of occupation, and other legal issues.

May 18, 2024
Court Marriage procedure and steps in Karachi
```
The Best Court Marriage Law Firm in Karachi Pakistan
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At the district and sessions courts in Karachi, a ‘court marriage’ is a routine procedure and also a hassle-free one, often needing the assistance of a Court Marriage Lawyer in Karachi, Pakistan. Often considered a last resort for couples whose parents may not approve of their plans to wed, a court marriage involves a few basic steps.

Initially a woman must sign an ‘affidavit of free will’ that states that she is of sound mind, an adult, and is not being coerced into marriage. “This statement is very important,”

“Often when girls leave their home, their parents file a First Information Report (FIR) that they have disappeared and claim that they left with cash and jewelry. In this affidavit, the girl has to declare that she did not take any valuable thing with her, so later the couple is protected against accusations of theft.”

The girl also needs to submit proof of her age: a copy of her Computerized National Identity Card or Passport, education, or medical certificate will do.

This documentation and 8 passport size photos of the bride and 4 passport-size photographs of the groom are to be submitted. Thereafter an additional statement by the girl is recorded, explaining her reasons for registering her marriage with the court and after the ceremony is performed in presence of witnesses in attendance.

A person below the age of 18 is considered a child and cannot contract marriage under the Child Marriage Restraint Act of Pakistan, as any Court Marriage Lawyer in Karachi Pakistan will inform you.

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Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: +92-321-2057582

Regular Website: https://www.irfanlaw.com

We are also planning to open our branch office at Bahria Town Karachi very soon, for that if you have any suggestion for location please feel free to indicate for better serving our clients with the expertise of every Court Marriage Lawyer in Karachi, Pakistan.

Divorce Case Fees, Court Marriage Fees, Court Marriage Fees Karachi, Khulla Case Fees Karachi, Valentine’s Day
May 18, 2024
Heirship Certificate in Karachi Pakistan

A Legal Heirship Certificate is used to determine heirship or inheritance of property in the absence of a will of a deceased person in many foreign jurisdictions. Legal Heirship Certificates are utilized in a situation where there is no dispute regarding succession of a decedent’s estate. If there is anyone who believes that he or she, too, is a legal heir, the Legal Heirship Certificate will be denied and the appropriate proceedings will be instituted before a court of law.
Heirship Certificates are used during the probate process in Greece, Germany, India, Pakistan, Indonesia, and many other countries.

This type of Heirship Certificate can be issued for the purpose of receiving owed Government payment to the heirs of the decedent and many other areas of inheritance. It is an informal, non-binding certificate and may be challenged in court if a dispute should arise as to heirship of the estate. When employing a Legal Heirship Certificate, the affiant should be certain there are no disputes between the parties who assert claims to the estate of the deceased.

May 17, 2024
Court Marriage Procedure

Procedure of court marriage in Karachi Pakistan is under :

Woman or Girl must having age more than 18 years can contract marriage. For court marriage she has to sworn an affidavit of Freewill with her own consent, freewill with any pressure by any party.

Generally court marriages are registered as the parents of the girl / woman are not ready for her marriage with a man, whom she want to marry, hence court marriage is registered on her wish without the will of her parents.

Law gives her right to marry a man of her choice. For court marriage only CNIC or other document for the proof of her age is sufficient. The girl has to personally appear in the court who will execute the freewill and on the basis of her freewill her marriage ( Nikah ) will be performed. After registered of marriage an affidavit of Freewill and Nikkahnama

For marriage performance at least two witnesses are required.

Contact Us

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Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: [email protected]
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website: https://www.irfanlaw.com

Divorce Case Fees, Court Marriage Fees, Court Marriage Fees Karachi, Khulla Case Fees Karachi, Valentine’s Day

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May 15, 2024
THE SINDH CIVIL SERVANTS ACT, 1973
THE SINDH CIVIL SERVANTS ACT, 1973
(SINDH ACT NO. XIV OF 1973)
[Karachi, the 5th December, 1973]
An Act to regulate the appointment of persons to, and the terms and
conditions of service of persons in, the service of Pakistan in
connection with the affairs of the Province of Sindh.
Preamble. –WHEREAS it is expedient to regulate by law, the
appointment of persons to, and the terms and conditions of service of
persons in, the service of Pakistan in connection with the affairs of the
Province of Sindh and provide for matters connected therewith or
ancillary thereto;
It is hereby enacted as follows:-
1. Short title, application and commencement. – (1) This Act may
  be called the Sindh Civil Servants Act, 1973.
  (2) It applies to civil servants wherever they may be.
  (3) It shall come into force at once.
  CHAPTER – I
  PRELIMINARY
2. Definitions. – (1) In this Act unless there is anything repugnant in
  the subject or context, –
  (a) “adhoc appointment” means appointment of a duly
  qualified person made otherwise than in accordance with the
  prescribed method of recruitment, pending the recruitment
  in accordance with such method;
  2
  *[(aa) “absorption” means the appointment of a person by way of
  absorption in accordance with sub-section (2) of section 10-
  A;]
  (b) “civil servant” means a person who is a member of a civil
  service of the Province or holds a civil post in connection
  with the affairs of the Province, but does not include –
  (i) a person who is on deputation to the Province from the
  Federation or any other Province or authority; or
  (ii) a person who is employed on contract, or on workcharged basis, or who is paid from contingencies; or
  (iii) a person who is “worker” or “workman” as defined in
  the Factories Act, 1934 (XXV of 1934), or the
  Workmen’s Compensation Act, 1923 (VIII of 1923);
  *[(bb) “deputation” means the posting of a person in accordance
  with sub-section (1) of section 10-A;]
  (c) “Government” means the Government of Sindh;
  *Clause (aa) & (bb) inserted by the Sindh Civil Servants (Amdt.) Ord. 2012
  (Sindh Ordinance No.VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P No. 494, dt.
  September 4, 2012. Declared ultra vires by Apex Court reported as
  2013-SCMR-1752.
  3
  (d) “initial appointment” means appointment made otherwise
  than by promotion or transfer *[or absorption];
  (e) “pay” means the amount drawn monthly by a civil servant as
  pay, and includes technical pay, special pay, personal pay
  and any other emoluments declared by the prescribed
  authority to be pay;
  (f) “permanent post” means a post sanctioned without limit of
  time;
  (g) “prescribed” means prescribed by rules;
  (h) “rules” means rules made or deemed to have been made
  under this Act;
  (i) “selection authority” means the Sindh Public Service
  Commission, a departmental selection board, departmental
  selection committee or other authority or body on the
  recommendation of, or in consultation with which any
  appointment or promotion, as may be prescribed, is made;
  (j) “temporary post” means a post other than permanent post.
  (2) For the purpose of this Act, an appointment, whether by
  promotion or otherwise, shall be deemed to have been made on regular
  basis if it is made in the prescribed manner.
  *In clause (d), inserted by the Sindh Civil Servants (Amdt.) Ord., 2012 (Sindh
  Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr. Pt. I, P. No. 494, dt. September
  4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
  4
  CHAPTER – II
  TERMS AND CONDITIONS OF
  SERVICE OF CIVIL SERVANTS
3. Terms and conditions. – The terms and conditions of
  service of a civil servant shall be as provided in this Act and the rules.
4. Tenure of office of civil servants. – Every civil servant
  shall hold office during the pleasure of Government.
5. Appointments. – Appointments to a civil service of the
  Province of a civil post in connection with the affairs of the Province shall
  be made in the prescribed manner by Government or by a person
  authorized by it in that behalf:
  Provided that two per centum of such appointments shall, subject
  to availability, be made from amongst the disabled persons as defined in
  the Disabled Persons, (Employment and Rehabilitation) Ordinance, 1981.
6. Probation. – (1) An initial appointment to a service or post
  referred to in section 5, not being an adhoc appointment, shall be on
  probation as may be prescribed.
  (2) Any appointment of a civil servant by promotion or
  transfer to a service or post may also be made on probation as may be
  prescribed.
  (3) Where, in respect of any service or post, the
  satisfactory completion of probation include the passing of a prescribed
  examination, test or course or successful completion of any training, a
  person appointed on probation to such service or post who, before the
  expiry of the original or extended period of his probation, has failed to
  pass such examination or test or to successfully complete course or the
  training shall, except as may be prescribed otherwise,-
  5
  (a) if he was appointed to such service or post by initial
  recruitment, be discharged; or
  (b) if he was appointed to such service or post by
  promotion or transfer, be reverted to the service or post from which he
  was promoted or transferred and against which he holds a lien or, if
  there be no such service or post, be discharged:
  Provided that, in the case of initial appointment to a service or
  post, a civil servant shall not be deemed to have completed his period of
  probation satisfactorily until his character and antecedents have been
  verified as satisfactory in the opinion of the appointing authority.
7. Confirmation.- (1) A person appointed on probation shall,
  on satisfactory completion of his probation, be eligible for confirmation
  in a service or, as the case may be, a post as may be prescribed.
  (2) A civil servant promoted to a post on regular basis shall be
  eligible for confirmation after rendering satisfactory service for the period
  prescribed for confirmation therein.
  (3) There shall be no confirmation against any temporary post.
  (4) A civil servant who, during the period of his service, was eligible
  to be confirmed in any service or against any post retires from service
  before being confirmed shall not, merely by reason of such retirement, be
  refused confirmation in such service or post or any benefit accruing there
  from.
  (5) Confirmation of a civil servant in a service or post shall take
  effect from the date of occurrence of permanent vacancy in that service
  or post or from the date of continuous officiating, in such service or post,
  whichever is later.
  6
8. Seniority.- (1) For proper administration of a service, cadre
  or post the appointing authority shall cause a seniority list of the
  members for the time being of such service, cadre or post to be prepared,
  but nothing herein contained shall be construed to confer any vested
  right to a particular seniority in such service, cadre or post as the case
  may be.
  (2) Subject to the provisions of sub-section (1), the seniority of a
  civil servant shall be reckoned in relation to other civil servants
  belonging to the same service or cadre whether serving in the same
  department or office or not, as may be prescribed.
  (3) Seniority on initial appointment to a service, cadre or post
  shall be determined as may be prescribed.
  (4) Seniority in a post, service or cadre to which a civil servant is
  promoted shall take effect from the date of regular appointment of such
  civil servant to that post, service or cadre:
  Provided that civil servants who are selected for promotion to a
  higher post in one batch shall, on their promotion to the higher post,
  retain their inter-se-seniority as in the lower post.
9. Promotion.- (1) A civil servant possessing such minimum
  qualification as may be prescribed shall be eligible for promotion to a
  higher post for the time being reserved under the rules for departmental
  promotion in the service or cadre to which he belongs.
  (2) A post referred to in sub-section (1) may either be a
  selection post or a non-selection post to which promotion shall be
  made as may be prescribed,-
  7
  (a) in the case of a selection post, on the basis of
  selection on merit; and
  (b) in the case of a non-selection post, on the basis
  of seniority-cum-fitness.
  *[9-A. – (1) Notwithstanding anything contained in this Act or any
  other law for the time being in force or any judgment of any court, a civil
  servant who provenly exhibits the act of gallantry while performing his
  duties or very exceptional performance beyond the call of duty, may be
  granted out of turn promotion or award or reward by Government.]
10. Postings and transfers.- Every civil servant shall be liable to
  serve anywhere within or outside the Province in any post under
  Government, Federal Government, or any Provincial Government or local
  authority, or corporation or body set up or established by any such
  Government:
  Provided that nothing contained in this section shall apply to a
  civil servant recruited specifically to serve in a particular area or region:
  Provided further that, where, a civil servant is required to serve in
  a post outside his service or cadre, his terms and conditions of service as
  to his pay shall not be less favourable than those to which he would have
  been entitled if he had not been so required to serve.
  *Section 9-A substituted by the Sindh Civil Servants (Second Amdt.) Ord., 2012
  (Sindh Ordinance No. VII of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 498, dt.
  September, 5, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752. Before substitution Section 9-A read as follows.
  9-A. – Notwithstanding anything contained in this Act or any other
  law for the time being in force or any judgment of any court, a civil servant
  who provenly exhibits, the act of gallantry while performing his duties or
  very exceptional performance beyond the call of duty, may be granted out
  of turn promotion or award or reward in such manner as may be
  prescribed.
  8
  *[10-A. (1) Notwithstanding anything contained in this Act or any
  law in force or any judgment of any court, Government (C.M) shall have
  and shall be deemed to always have had the power to appoint any person
  on deputation basis, who is a civil servant as defined in this Act or the
  Federal Civil Servants Act, 1973 or is in the service of Government or
  Federal Government or autonomous, semi-autonomous body,
  corporation or any organization set up, established, owned, controlled or
  managed by Government, or as the case may be, the Federal
  Government, against any post, in any cadre, in the civil service of the
  Province or in connection with the affairs of the Province:
  Provided that-
  (a) such person shall possess the minimum qualifications as
  may be laid down for the person to be appointed to that
  post and shall be subject to provincial laws and rules
  relating to disciplinary proceedings;
  (b) such deputation shall be for an initial period of three
  years, which may be extended only once by Government
  (C.M) for a further period of two years; and
  (c) the number of persons whose appointing authority is the
  Federal Government or autonomous, semi-autonomous
  body, corporation or any organization set up, established,
  owned, controlled or managed by the Federal Government
  shall not, unless otherwise directed by the Chief Minister,
  exceed ten percent of the posts in any cadre of posts
  sanctioned in the civil service of the Province or in
  connection with the affairs of the Province.
  *New section 10-A inserted by the Sindh Civil Servants (Amdt.) Ord., 2012
  (Sindh Ordinance No. VI of 2012), the Sindh Govt. Gaz., Extr., Pt. I, P. No. 494, dt.
  September 4, 2012. Declared ultra vires by Apex Court reported as 2013-SCMR1752.
  9
  (2) Notwithstanding anything contained in this Act or any law in
  force or any judgment of any court, Government (C.M) shall have and
  shall be deemed to always have had the power to appoint any person by
  way of absorption, who is a civil servant as defined in this Act or the
  Federal Civil Servants Act, 1973 or is in the service of Government or
  Federal Government or autonomous, semi-autonomous body,
  corporation or any organization set up, established, owned, controlled or
  managed by Government or as the case may be the Federal Government,
  against any post, in any cadre, in the civil service of the Province or in
  connection with the affairs of the Province:
  Provided that-
  (a) such person shall possess the minimum qualifications as
  may be laid down for the person to be appointed to that
  post;
  (b) such person shall be appointed to a post of equivalent or
  comparable grade and if such post is not available, then
  to a lower grade;
  (c) previous service, if not pensionable, shall not count for
  pension and gratuity unless Government (C.M) directs
  otherwise;
  (d) the number of persons whose appointing authority is the
  Federal Government or autonomous, semi-autonomous
  body, corporation or any organization set up, established
  owned, controlled or managed by the Federal Government
  and who are absorbed in accordance with this subsection shall not, unless otherwise directed by the Chief
  Minister, exceed ten percent of the posts in any cadre of
  posts sanctioned in the civil service of the Province or in
  connection with the affairs of the Province.
  10
  (3) Notwithstanding anything contained in this Act or any law in
  force or any judgment of any court, any person deputed or absorbed
  against any post, in any cadre, in the civil service of the Province or in
  connection with the affairs of the Province prior to the coming into force
  of the Sindh Civil Servants (Amendment) Ordinance, 2012 shall be
  deemed to have been validly deputed or absorbed, as the case may be, in
  accordance with section 10-A.]
11. Termination of service.- (1) The service of a civil servant may
  be terminated without notice,-
  (i) during the initial or extended period of his probation:
  Provided that, where such civil servant is
  appointed by promotion on probation or, as the case
  may be, is transferred from one service, cadre or post
  to another service, cadre or post, his service shall not
  be so terminated so long as he holds a lien against his
  former post in such service or cadre, but he shall be
  reverted to his former service, cadre or post, as the
  case may be;
  (ii) on the expiry of the initial or extended period of his
  employment; or
  (iii) if the appointment is made adhoc terminable on the
  appointment of a person on the recommendation of the
  selection authority, on the appointment of such
  person.
  (2) Where, on the abolition of a post or reduction in the number
  of posts in a cadre or service, the services of a civil servant are required
  to be terminated, the person whose services are terminated shall
  ordinarily be the one who is the most junior in such cadre or service.
  11
  (3) Notwithstanding the provisions of sub-section (1), but
  subject to the provisions of sub-section (2), the service of a civil servant
  in temporary employment or appointed adhoc shall be liable to
  termination on fourteen day’s notice or pay in lieu thereof.
12. Reversion to a lower post. – A civil servant appointed to
  a higher post adhoc or on temporary or officiating basis shall be liable to
  reversion to his lower post without notice.
13. Retirement from service.- A civil servant shall retire from
  service,-
  (i) on such date after he has completed twenty
  years of service qualifying for pension or other
  retirement benefits as the competent authority
  may, in the public interest, direct:
  Provided that no civil servant shall be
  retired unless he has been informed in writing of
  the grounds of the action proposed to be taken
  against him and has been given reasonable
  opportunity of showing cause against that
  action; or
  (ii) where no direction is given under clause (i), on
  the completion of the sixty years of his age.
  Explanation.- In this section, “competent authority” means the
  appointing authority or a person duly authorised by the appointing
  authority in that behalf, not being a person lower in rank than the civil
  servant concerned.
  12
14. Employment after retirement.- (1) A retired civil servant
  shall not ordinarily be re-employed under Government, unless such reemployment, is necessary in the public interest and is made with prior
  approval of the authority next above the appointing authority:
  Provided that, where the appointing authority is Government, such
  re-employment may be ordered with the approval of Government.
  (2) Subject to the provisions of sub-section (1) of section 3 of the
  Ex-Government Servants (Employment with Foreign Governments)
  (Prohibition) Act, 1966 (XII of 1966), a civil servant may during leave
  preparatory to retirement, or after retirement from Government service,
  seek any private employment:
  Provided that, where employment is sought by a civil servant while
  on leave preparatory to retirement or within two years of the date of his
  retirement, he shall obtain the prior approval of the prescribed authority.
  *[(3) Notwithstanding anything contained in this Act or any law in
  force or any judgment of any court, Government shall have shall be
  deemed to always have had the power to appoint any retired civil servant,
  whose services, in view of his expertise, are required by Government in
  the public interest, for a period as deemed appropriate by Government.]
  *Sub-section (3) of section 14 added by the Sindh Civil Servants (Second Amdt.)
  Act, 2013 (Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by
  Apex Court reported as 2013-SCMR-1752.
  13
15. No person convicted for an offence involving moral turpitude
  shall, unless Government otherwise direct, be appointed to a Civil
  Service or post.
16. Conduct.- The conduct of a civil servant shall be regulated by
  rules made, or instructions issued, by Government or a prescribed
  authority, whether generally or in respect of a specified group or class of
  civil servants.
17. Efficiency and discipline.- A civil servant shall be liable to
  prescribed disciplinary action and penalties in accordance with the
  prescribed procedure.
18. Pay.- A civil servant appointed to a post shall be entitled, in
  accordance with the rules, to the pay sanctioned for such post:
  Provided that, when in exigencies of service, the appointment for
  temporary period is made to higher post, the appointing authority may
  direct that the appointee shall, instead of drawing the pay of such higher
  post, draw the pay of the lower post he held immediately before such
  appointment, with such special pay as may be prescribed, but where the
  appointment is made on acting charge basis or by way of current or
  additional charge the pay of the appointee shall be fixed in the prescribed
  manner:
  Provided further that where a civil servant has, under an order
  which is later set aside, been dismissed or removed from service or
  reduced in rank, he shall, on the setting aside of such order, be entitled
  to such arrears of pay as the authority setting aside such order may
  determine.
19. Leave.- A civil servant shall be allowed leave in
  accordance with the leave rules applicable to him, provided that the
  14
  grant of leave, will depend on the exigencies of service and be at the
  discretion of the competent authority.
20. Pension and gratuity.- (1) On retirement from service, a
  civil servant shall be entitled to receive such pension or gratuity as may
  be prescribed.
  (2) In the event of the death of a civil servant, whether before or
  after retirement, his family shall be entitled to receive such pension, or
  gratuity, or both, as may be prescribed.
  (3) No pension shall be admissible to a civil servant who is
  dismissed or removed from service for reasons of discipline, but
  Government may sanction compassionate allowance to such a civil
  servant, not exceeding two-thirds of the pension or gratuity which would
  have been admissible to him, had he been invalidated from service on the
  date of such dismissal or removal.
  (4) If the determination of the amount of pension or gratuity
  admissible to a civil servant is delayed beyond one month of the date of
  his retirement or death, he or his family, as the case may be, shall he
  paid provisionally such anticipatory pension or gratuity as may be
  determined by the prescribed authority, according to the length of service
  of the civil servant which qualifies for pension or gratuity; and any over
  payment consequent on such provisional payment shall be adjusted
  against the amount of pension or gratuity finally determined as payable
  to such civil servant or his family.
21. Provident Fund.- (1) Before the expiry of the third month
  of every financial year, the Accounts Officer or other officer required to
  maintain provident fund accounts shall furnish to every civil servant
  subscribing to a provident fund the account of which he is required to
  maintain a statement under his hand showing the subscriptions to,
  15
  including the interest accruing thereon, if any, and withdrawals or
  advances from his provident fund during the preceding financial year.
  (2) Where any subscription made by a civil servant to his
  provident fund has not been shown or credited in the account by the
  Accounts or other Officer required to maintain such account, such
  subscription shall be credited to the account of the civil servant on the
  basis of such evidence as may be prescribed.
22. Benevolent Fund and Group Insurance.- All civil servants
  and their families shall be entitled to the benefits admissible under the
  Sindh Government Servants Benevolent Fund Ordinance, 1960 and the
  Sindh Civil Servants Welfare Fund Ordinance, 1979, and the rules made
  thereunder.
23. Right of appeal or representation:- (1) Where a right to
  prefer an appeal or to apply for review in respect of any order relating to
  the terms and conditions of his service is provided to a civil servant
  under any rules applicable to him, such appeal or application shall,
  except as may be otherwise prescribed, be made within thirty days of the
  date of such order.
  (2) Where no provision for appeal or review exists under the
  rules in respect of any order or class of orders, a civil servant aggrieved
  by any such order may, within thirty days of the communication to him
  of such order, make a representation against it to the authority next
  above the authority which made the order:
  Provided that no representation shall lie on matters relating to the
  determination of fitness of a person to hold a particular post or to be
  promoted to a higher post.
  16
  1[23-A. Regularization of out of turn promotions.- (1)
  Notwithstanding anything contained in any law, or order or judgment of any
  Court, all out of turn promotions made immediately before the
  commencement of the Sindh Civil Servants (Amendment) Act, 2013, under
  section 9-A by Government or Competent Authority or otherwise by the
  Police Department shall stand regularized from the dates of such
  promotions.
  (2) All promotions regularized under sub-section (1) above and all
  notifications, proceedings, instructions or orders issued in pursuance of
  such promotions are hereby affirmed and shall be deemed always to have
  been validly made.
  (3) A person aggrieved by any promotion regularized under subsection (1), may file an appeal in the Sindh Service Tribunal, within thirty
  days of the commencement of the Sindh Civil Servants (Amendment) Act,
  2013.]
  2[23-B. (1) Notwithstanding anything contained in this Act or rules
  made thereunder, or in any decree, order or judgment of a court, an
  employee absorbed, or as the case may be, promoted under section 9-A as a
  civil servant against a post in connection with the affairs of the Province and
  holding such post immediately before the date of commencement of the
  Sindh Civil Servants (Second Amendment) Act, 2013, shall be deemed to
  have been validly absorbed, or as the case may be, promoted to that post on
  regular basis with effect from the date of his absorption, or as the case may
  be, promotion.
  1Section 23-A inserted by the Sind Civil Servants (Amdt.) Act, 2013 (Sindh Act
  No. I of 2013), the Sindh Govt. Gaz., Extr. Pt. IV, P. No. 1 dt. February 21, 2013.
  Declared ultra vires by Apex Court reported as 2013-SCMR-1752.
  2Section 23-B inserted by the Sindh Civil Servants (Second Amdt.) Act, 2013
  (Sindh Act No. XXIV of 2013), dt. 21st March, 2013. Declared ultra vires by Apex
  Court reported as 2013-SCMR-1752.
  17
  (2) A person aggrieved by any absorption, or as the case may be,
  promotion regularized under sub-section (1), may file an appeal in the Sindh
  Service Tribunal, within thirty days of the commencement of the Sindh Civil
  Servants (Second Amendment) Act, 2013.]
  23-C. Appointment of Federal Civil Servants.
  (1) Notwithstanding anything contained in this Act, Government
  may, by notification, appoint a person to a civil service of the Province or to
  a post in connection with the affairs of the Province, who immediately before
  the commencement of the Constitution (Eighteenth Amendment) Act, 2010
  (Act No. X of 2010) was holding a post in connection with the affairs of the
  Federation and whose services have been transferred to the Province in the
  wake of the said Amendment Act of 2010.
  (2) Government shall, in prescribed manner, determine the terms
  and conditions of service of the civil servants appointed under sub-section
  (1) including cadre and seniority.
  CHAPTER – III
  MISCELLANEOUS
24. Saving.- Nothing in this Act or in any rule shall be construed to
  limit or abridge the power of Government to deal with the case of any civil
  servant in such manner as may appear to it to be just and equitable:
  Provided that where this Act or any rule is applicable to the case of a civil
  servant, the case shall not be dealt with in any manner less favourable to him
  than that provided by this Act or such rules.
25. Removal of difficulties.- If any difficulty arises in giving effect to
  any of the provisions of this Act, Government may make such order, not
  inconsistent with the provisions of this Act, as may appear to be necessary for
  the purposes of removing the difficulty:
  Provided that no such power shall be exercised after the expiry of one
  year from the coming into force of this Act.
  18
  CHAPTER – IV
  RULES
26. Rules.- (1) Government or any person authorised by it in
  this behalf, may make such rules as appear to be necessary or expedient for
  carrying out the purposes of this Act.
  (2) Any rules, orders or instructions in respect of any terms and
  conditions of service of civil servants duly made or issued by an authority
  competent to make them in force immediately before the commencement of this
  Act shall, in so far as such rules, orders or instructions are not inconsistent
  with the provisions of this Act, be deemed to be rules made under this Act.
May 14, 2024