Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)----- -----S. 5, Sched, Ss. 8, 9 & 14-----Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44-----Writ petition-----Maintainability-----Suit for dissolution of marriage-----Ex-parte proceedings, setting aside of-----Appearance and filing of written statement by the defendant-----Limitation-----Interim order----- Appeal----- Discretion, exercise of-----Scope-----Husband filed application for setting aside ex-parte proceeding but same was dismissed-----Validity-----Defendant could appear and file written statement within fifteen days of service-----Proclamation was made on 21-09-2013 and defendant was authorized to appear and file written statement till 06-10-2013-----Any action against the defendant before the expiry of time limit was not warranted under the law-----Ex-parte proceedings were not permissible in the present case before 06-10-2013-----Application filed by the defendant on 22-10-2013 for setting aside ex-parte proceedings was within time-----Impugned order passed by the Family Court was without any legal force-----Said order was interim one against which neither appeal nor revision would lie-----Discretion exercised by the Family Court dismissing the application for setting aside ex-parte proceedings was not in accordance with law and same could be looked into by exercising constitutional power-----Discretionary orders were not immune from judicial review-----Writ petition against such interim order was competent in circumstances-----Ex-parte order passed by the Family Court was set aside-----Defendant was directed to file written statement before the Family Court within fifteen days-----Family Court was directed to decide the case on merits after hearing the parties within the stipulated period first deciding the territorial jurisdiction-----Writ petition was allowed in circumstances. Rafhat Rashid and 7 others v. Ghulam Sarwar 2000 YLR 2523; Mohsin Shah v. Qaseema Wahid 1995 MLD 1032; Mst. Shereen Masood v. Malik Naseem Hassan, Judge Family Court, Lahore and another 1985 CLC 2758 and Mst. Shahnaz Bibi and 2 others v. Munawar Din 2005 SCR 409 rel. (b) Azad Jammu and…

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