Law:

Section:

(a) Administration of justice-------Cases to be decided on merits and technicalities avoided. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., Ss.9 & 17---Constitution of Pakistan, Art.199---Constitutional petition---Power of Family Court to review its own order---Scope---Suit for recovery of dower, maintenance allowance and dowry articles---Defendant's right of defence was struck off by the Family Court due to non-filing of written statement---Application for review filed by defendant was dismissed as provision of review had not been provided in the Family Courts Act, 1964---Validity---Family Court had every jurisdiction to adopt any procedure/law to meet the situation to do the substantial justice between the parties and to secure the ends of justice---Family Court could adopt every procedure/law in the furtherance of dispensation of justice unless the procedure/law going to be adopted was specifically prohibited---Family court could not refuse to exercise the jurisdiction on the ground of non-availability of the provision of review---Petitioner was allowed to file written statement and case was remanded to trial court to proceed afresh---Constitutional petition was allowed. (c) Administration of justice--- ----Recourse to general law is permissible when the provisions of special law are silent on a particular point except where the provisions of general law are inconsistent with the provisions of special law. Muzaffer Ali v. Mst. Mehrun Nisa and 2 others 1989 CLC 1805; Muhammad Sarwar v. Sughran Bibi and 2 others 1996 MLD 1057 and Javed Bashir v. Judge, Family Court, Lahore and another 2003 MLD 814 rel. Adil Majeed Khan for Petitioners. Muhammad Ijaz Khan Sabi for Respondent No.1. ORDER MAZHAR ALAM KHAN MIANKHEL, J.--- Through this constitutional petition, the petitioners have prayed for setting aside the impugned orders dated 30-1-2013 and 26-3-2013 of learned Judge Family Court/Civil Judge-VIII, Peshawar and to allow the petitioners an opportunity to file written statement. 2. Precise facts of the case are that the respondent/plaintiffs filed a suit against the petitioners/defendants for recovery of dower, maintenance allowance…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492