Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Suit for recovery of maintenance and dowry articles---Non-appearance of party and counsel---Striking off defence of the party---Scope---Family Court calling back its previous order of striking off defence---Jurisdiction---Scope---Invoking constitutional jurisdiction of High Court against such order---Maintainability---Petitioner/defendant contended that order of Family Court setting aside its previous order of striking off defence of the plaintiff tantamount to review which was not warranted by law---Respondent/plaintiff contended that Family Court had jurisdiction to pass appropriate order keeping in view the facts and circumstances of the case---Validity---Where neither plaintiff nor his counsel was present before the Family Court then the only course available under the law was to dismiss the suit for non-prosecution---Striking off defence of any party was harsh action and could be invoked in the circumstances when after specific directions of the Court, party had failed to perform his/her legal obligation---Order of Family Court whereby the defence of the plaintiff was struck off was not sustainable in the eye of law in circumstances---When review as a statutory remedy was not available to a forum as a matter of course, and forum created by a special statute had passed an erroneous order, affecting the rights of parties, said forum was not helpless to correct the same as no one should suffer for the act/omission of the Court---Family Court had acknowledged through the impugned order that the earlier order of striking off defence of the plaintiff was incorrect and had prejudiced the case of the plaintiff and thus, had rectified the manifest error---Constitutional jurisdiction was a discretionary relief and could be invoked in aid of justice and was not aimed to perpetuate illegal orders, hence, the impugned order could not be interfered under constitutional jurisdiction even if it appeared that the Court below had not been bestowed upon through explicit provision of law to pass such order---Constitutional petition was dismissed accordingly. Nawab Syed Raunaq Ali and others v. Chief Settlement…

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