Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Family Courts Act, (XXXV of 1964), S. 17--Constitutional petition--Right to produce evidence was closed--Suit for recovery of dower, decreed while suit for restitution of conjugal rights, dismissed--Concurrent in nature--Case was adjourned subject to payment of cost--Evidence was not produced deliberately and intentionally just to prolong proceedings--Provisions of CPC--Applicability--In absence of express provision in Family Courts Act, 1964, authorizing a Family Court to close evidence of party, there is no provision to effect that party's evidence would not be closed even if party failed to produce evidence without sufficient cause, despite having availed of several opportunities to do so--Family Court can close evidence of a party who had failed to adduce evidence without sufficient cause--Although provisions of CPC and QSO have not been made applicable to Family Courts Act, before Family Court by virtue of Section 17 of Family Courts Act, but general principles can be invoked for due administration of justice where no procedure is provided Act, 1964--High Court cannot upset findings of Courts below while exercising constitutional jurisdiction as a Court of Appeal. Family Courts Act, 1964 (XXXV of 1964)-- ----Preamble--Family Courts have been established for purpose of expeditious settlement and disposal of family disputes relating to marriage and family affairs and for matters connected therewith. Family Courts Act, 1964 (XXXV of 1964)-- ----Scope of--Advancement of justice and to avoid technicalities--Purpose of enacting Family Courts Act, is to frustrate technicalities for purpose of justice--It is settled principle of law that Family Court, while dealing with suit mentioned in Schedule of Family Courts Act, has to adopt procedure of his choice, in order to meet situation not visualized in Family Courts Act--It is also settled principle of law that Family Court has to regulate its own proceedings in accordance with provisions of that Act and in doing so it has to proceed on premises that every procedure is permissible unless a clear prohibition is found in law. Family Courts Act, 1964 (XXXV of 1964)--…

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