By Malik Bilal
PESHAWAR: Family disputes relating to marriage, maintenance, dower, dowery articles and child custody concern deeply personal aspects of individuals’ lives and the law in Pakistan recognizes their urgency. Family Courts were established to ensure timely and accessible relief, particularly for women whose financial and personal security often depends on swift adjudication. However, in practice these courts are increasingly associated with prolonged delays, especially at the execution stage, where rights acknowledged in court judgments remain unimplemented for years.
A case from Peshawar illustrates the scale of the issue. In 2015, a woman filed a suit seeking dissolution of marriage, return of dowry articles and payment of her lawful dower. The case concluded in 2019 and a decree in her favor was issued. She then filed an execution application within the legally prescribed time. Yet, by the end of 2025, the decree had still not been enforced. After nearly ten years of hearings and repeated follow-ups, she withdrew her execution petition, stating that she no longer believed meaningful relief would be delivered. Similar situations are reported in Peshawar and across various districts, where numerous family decrees remain pending in execution for extended periods.
Senior Counsel Sheikh Asghar Ali, a family law specialist based in Peshawar, notes that these delays directly contradict the provisions of The West Pakistan Family Courts Act, 1964, particularly Section 12-A, which mandates that family suits should be decided within six months. While the execution carried out in thirty days according to Section 13 Of West Pakistan Family Court Act 1964. He points out that while the law provides a clear timeline, there is no robust monitoring or accountability framework to ensure compliance and due to lack of family courts, judges, institution of new cases on daily bases in a huge amount, in some cases the litigants wants to linger the case, due to personal ego. As a result, decrees frequently remain unenforced, weakening litigants’ confidence in the justice system. “When execution does not follow judgment, the process stops functioning as justice and becomes merely paperwork,” he said.
The challenge is structural. Heavy caseloads, administrative gaps and frequent transfers of presiding judges contribute to delays. The absence of digital case-management and monitoring systems means cases often stagnate without review. The execution phase which is intended to translate legal rights into practical relief has become the point where the system most commonly fails.
Observers note that substantial reform does not require new legislation but consistent implementation of the legal framework already in place. Courts could introduce regular administrative reviews of pending execution cases, enforce statutory timelines and assign dedicated officers or benches to monitor execution. Digital tracking systems could be used to automatically flag overdue matters. Increasing the number of Family Court judges in high-volume districts and discouraging frivolous adjournments would further reduce delays.
In family law, justice is only realized when a decree is enforced. A judgment that remains unexecuted cannot secure rights or provide meaningful relief. The Peshawar case reflects a wider pattern in which rights recognized on paper are not translated into lived reality. Until effective mechanisms ensure that execution is timely and non-negotiable, the core purpose of Family Courts to provide accessible and prompt justice will remain unfulfilled.
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