Law: Family Courts Act, 1964

Section: 9(1)

Law: Family Courts Act, 1964

Section: 9(1)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice-------Lis to be decided on merits rather the parties should be non-suited on the ground of mere technicality. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 9(1)---Constitution of Pakistan, Art.199---Constitutional petition---Written statement---Application for submission of written statement of the petitioner/defendant was dismissed---Validity---Valuable rights of the defendant were directly involved in the present case---No hurdle would be caused if defendant was allowed to file independent written statement to raise all available pleas factual as well as legal which he deemed fit to save his rights sub judice before the trial court---Defendant was at liberty to raise as many pleas which he deemed fit in his written statement to enable the court to reach just, proper and correct conclusion---Constitutional petition was allowed. Attiq Shah for Petitioner. Muhammad Yasir Khattak for Respondent. Date of hearing: 26th February, 2013. JUDGMENT KHALID MEHMOOD, J.--- The petitioner through this constitutional petition has questioned the legality of judgment dated 13-11-2012 of Civil Judge/Judge Family Court-II, Peshawar whereby application for submission of written statement of the petitioner was dismissed and order dated 17-12-2012 of learned Additional District Judge-III, Peshawar vide which he upheld the said order. 2. Counsel for the petitioner argued that in the written statement, nowhere it is mentioned that the written statement was filed on behalf of defendant No.2/petitioner. He referred to the contents of the impugned written statement wherein only defendant No.1 has been cited and in the end of the written statement, it has clearly been mentioned that the written statement has been submitted on behalf of defendant No. 1. He further argued that the rights of the petitioner are directly involved in the present case and valuable property is sub judice and petitioner has been deprived from submitting the written statement through which he can raise so many legal and factual pleas decisive in the present case and also to secure his own rights. He further argued that mere reference has been made in the order sheet…

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