A bench of High Court of Sindh (SHC) comprising Justice Khawaja Naveed Ahmed taking notice of delays in court proceedings about matrimonial disputes and executions after judgement, ordered lower judiciary to deal with such matters on weekly basis or even more frequent basis.
The bench was seized with a constitution petition filed by one Muhammad Anwar Ansari against family court and appellate court and his former (divorced) wife Nazia Shamim involving a dispute over return of dowry articles.
The bench on Thursday noted that neither the petitioner nor his counsel was present and thus petition was dismissed having no merits. The bench in its order said that instant petition proceedings were initiated by the wife in the year 2004 and till date poor women is deprive of her dowry articles.
"I am of considered opinion that cases pertaining to the maintenance of children, Khula, (divorce) as well as return of dowry articles should be tried and decided on priority basis.
If possible the trial Courts should fix these cases every week and should see that on each date of hearing some progress is made in the case and in case progress is not made, the party who creates hurdles in progress of the matter should be asked to pay the cost for that particular day for delaying the matter, the bench said.
In our society there are certain persons, who make the lives of their ex-wives and children miserable by showing arrogance and indifferent behaviour towards them. These people when sit in their private gatherings they express their sentiments by uttering tall words meaning thereby as if they are above the law and they will ruin the lives of their ex-wives and will teach lesson to their ex-in laws.
The learned Judges of the trail Court should be vigilant about such arrogant and ruthless persons who are trying to make their wives run in the Courts even five years after the divorce, just to collect their own dowry articles, which their parents had given to them from their hard earned income. Inspite of the fact that amendment in Family Law Ordinance has been made in the year 2002, which bound the Courts to dispose of such matters within six months, the Courts below have not taken any serious steps to follow the law in respect of expeditious disposal of family cases.
I take serious view of delays caused in disposal of family cases and express my displeasure on it. While parting with this order I feel it my duty to record my observation that after passing of the final judgements in the cases and expiry of appeal period, considerable time is consumed in execution of the Court orders.
I hereby direct to all the trial Courts that all execution proceedings in family matters should be fixed by family Courts on weekly basis and Court should try to dispose of execution proceedings within one month from the date of filing of the same unless there are some exceptional circumstance causing delay in disposal of the execution.
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