25/06/2026
Section 21A Family Courts Act 1964:
Philosophy, Purpose, and Judicial Rationale
The insertion of Section 21A into the West Pakistan Family Courts Act, 1964, reflects the legislature’s conscious effort to empower Family Courts to take proactive measures for the preservation and protection of property during the pendency of family litigation. Section 21A of the West Pakistan Family Courts Act, 1964, which reads as follows:
21A. Interim order pending suit.—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.
This clause, though brief in form, is far-reaching in impact. It is remedial and facilitative in nature, designed to prevent the frustration of rights being adjudicated upon by the Court. Family law disputes, particularly those involving dissolution of marriage, dower, maintenance, dowry articles, or inheritance, often include property—both movable and immovable—that may be at risk of alienation, wastage, or unlawful transfer by a party attempting to defeat the prospective decree. In such scenarios, Section 21A enables the Court to intervene early, even before final judgment, to ensure that the fruits of litigation are not rendered illusory.
The underlying philosophy is derived from equitable principles of justice and good conscience: courts should not remain passive in the face of attempts to defeat their jurisdiction or neutralize the efficacy of future orders. This provision mirrors the preventive and protective jurisdiction of civil courts under Order ###IX Rules 1 and 2 of the Code of Civil Procedure, 1908, but with broader scope in some respects. Unlike the CPC provisions, Section 21A authorizes the Family Court to protect not only the property directly in dispute but also any other property of the party, if the Court finds that such preservation is necessary to ensure that a decree, if passed, can be satisfied in substance and not merely in form.
This legislative empowerment is particularly important because Family Courts are often the courts of first and final instance, given the limited appellate and revisional avenues under the Family Courts Act. The need to secure compliance with their final decrees is therefore greater. Section 21A bridges the gap between adjudication and enforcement, allowing the Court to adopt a future-oriented, justice-driven approach rather than reacting belatedly after non-compliance or evasion.
Thus, Section 21A reflects a forward-looking, welfare-centric, and justice-enhancing philosophy, attuned to the unique sensitivities of family disputes and the practical challenges of decree enforcement. It provides an essential tool for the Court to safeguard the integrity of its proceedings and to ensure that justice, once declared, is also deliverable.