Law: Family Courts Act, 1964

Section: 5,Sched,11,12A

Law: Family Courts Act, 1964

Section: 5,Sched,11,12A

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched., Ss.11 & 12-A---Suit for dissolution of marriage---Closing of evidence---Summoning the proposed witnesses through court---Hearing of the case was adjourned on three or four occasions, for recording evidence of the defendant, but each and every time the hearing of the case was adjourned at the instance of the defendant on one pretext or the other---Way and manner adopted by the defendant, had clearly exposed his conduct that he wanted to delay the proceedings unnecessarily by taking adjournments on one excuse or the other---Trial Court, in circumstances was left with no alternative, but to close the right of his producing evidence---Under provisions of S.12-A of West Pakistan Family Courts Act, 1964, it was mandatory for the court to decide the suit positively within six months from the date of institution of the case---No legal or jurisdictional defect in the impugned order/ was found being strictly in compliance with provisions of law---Impugned order/ being an interim in nature, ordinarily writ could not be issued---Petition was dismissed. Arshad Jamal Qureshi for Petitioner. Mst. Mehnaz and another (Motion).. Date of hearing: 20th July, 2012. JUDGMENT SYED SAJJAD HASSAN SHAH, J.--- Petitioner, through the instant writ petition has questioned the judgment/order dated 13-6-2012 of the learned Judge, Family Court, at Peshawar, whereby the petitioner was not allowed to summon the proposed witnesses through Court. 2. We have gone through the available record carefully and considered the submissions of the learned counsel for the petitioner. 3. A glimpse at the impugned judgment/order clearly reveals the malice and mala fide on the part of the petitioner to delay the proceedings of the suit unnecessarily, despite the fact, that he knows that it was a suit for dissolution of marriage, recovery of dower and maintenance against him and in view of the provision of section 12-A of the West Pakistan Family Courts Act, 1964, it was mandatory for the Court to decide the suit positively within six months from the date of institution and in case of failure on the part of the trial Court, either party…

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