Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.17---Mental Health Ordinance (VIII of 2001), S. 32---Suit for recovery of dowry articles and ornaments---Defendant (husband) sought amendment in written statement on the plea of his mental disorder---Amendment in pleadings of suit---Scope---Defendant contended that as he was a patient of "schizophrenia" so he must be allowed to amend written statement in conformity with his mental condition---Plaintiff contended that by allowing the amendment not only the complexion of written statement would be changed but the same would also prolong the litigation---Validity---Husband, in the earlier round of litigation, while defending suit for maintenance allowance, moved application for constitution of Medical Board as he had claimed to be patient of "schizophrenia" and was unable to give evidence---Such plea of the defendant was dispelled up to the High Court---Though in terms of S.17 of the Family Courts Act, 1964 provisions of Civil Procedure Code, 1908 did not apply to the proceedings before the Family Court, however, the amendment which altered the complexion of the defence raised in written statement could not be allowed---Proposed amendment sought in the written statement, if allowed, would change the entire complexion of the plea taken by the husband in his earlier written statement, which was rejected---No infirmity having been noticed in the impugned order, constitutional petition was dismissed accordingly. Syed Muhammad Ali and others v. Syed Dabir Ali and others 2016 SCMR 2164 and Ghulam Haider v. Muhammad Ayub 2001 SCMR 133 ref. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- Through this constitutional petition, petitioner has challenged the legality of orders dated 15.10.2011 and 19.05.2012, passed by respondents Nos. 2 and 3 respectively. 2. Brief facts of the case are that respondent No. 1 filed a suit for recovery of dowry articles and ornaments, etc. against the petitioner before respondent No. 2/ learned Judge Family Court, Multan which was contested by the petitioner and issues were framed. During the pendency of the suit, petitioner filed an application for amendment in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492