Law: Family Courts Act, 1964

Section: 5,10,18

Family Courts Act (XXXV of 1964)--- ----S. 5. Sched Ss.10 & 18---Suit for dissolution of marriage by wife---Failure of wife to appear before the Family Court in pre-trial proceedings---Effect---Wife failed to appear before the Family Court in pre-trial proceedings and her suit was dismissed---Validity---Plaintiff-wife was a Canadian citizen and she did not reside in Pakistan---Wife had filed suit through her attorney who was her maternal uncle---Appearance in the Family Court through agent was permissible and if plaintiff did not appear before the Family Court then no adverse inference could be drawn against her---Even if plaintiff did not appear in spite of direction by the Family Court for the participation in reconciliation proceedings her suit could not be dismissed for non-prosecution---Family Court could presume from such conduct of wife that she was not interested in reconciliation proceedings---If Family Court was of the view that wife's wish with regard to reconciliation proceedings should be found out by asking her personally then it could have proceeded to ascertain such fact through video link---Family Court had misdirected itself while dismissing the suit of the wife in default on account of her failure to appear in the pre-trial proceedings---Impugned order being illegal and against natural justice was set aside---Matter was remanded to the Family Court with the direction to adopt proper procedure of law and decide the same on merits within specified period---Constitutional petition was disposed of in circumstances. Noreen Rehman v. Raja Javed Akhtar 1997 CLC 142 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Petitioner is aggrieved by an order dated 06.01.2016, whereby her Family Suit No. 1836/2014 filed by her for dissolution of marriage against respondent No. 2 Shahid Ahmed Ansari was dismissed in non-prosecution on the ground that despite directions of the court, she had failed to appear for pre-trial proceedings. 2. Notice of this petition was issued to respondent No. 2 through ordinary modes of service but without any result, hence at the request of learned counsel for the petitioner, the order for substitute service…

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