Law:

Section:

. Family Courts Act (XXXV of 1964)--- --------Sections 7(2) & 5, Sched---Constitution of Pakistan, Art.199---Constitutional petition---Suits for recovery of dower and maintenance allowance---Additional evidence, production of---Scope---Application for permission to produce documents and witnesses was filed by the plaintiff-wife which was accepted by the Family Court---Validity---Family Court might grant permission for production of any witness at any stage if same was necessary to reach at a just and fair conclusion---Present application was moved at a preliminary stage of trial---Occasion to file the present application arose when defendant-husband denied the existence of a valid marriage and asserted that the same was a paper marriage---Documents and witnesses which were sought to be produced in evidence were necessary for just and fair adjudication of the matter---Plaintiff-wife might not be in a position to confront all such documents if permission to produce said documents was declined at present stage and there would be multiplicity of litigation---Defendant-husband had every right to rebut the evidence intended to be produced by the plaintiff-wife and he had also right of cross-examination upon the witnesses of plaintiff-wife---Each party had a right of fair trial and no prejudice had been caused to the rights of defendant-husband---Family Court had exercised jurisdiction rightly and no illegality or irregularity had been committed---Impugned order was based on convincing reasons---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:------------------ Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the legality of order dated 21.05.2014 passed by learned Judge Family Court, Lahore whereby the application of respondent No.1 (the respondent) seeking permission to produce documents and witnesses was allowed. The said application was filed by the respondent in her suit for recovery of dower amount and maintenance allowance after submission of contesting written statement by the petitioner-defendant and framing of…

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