| Citation(s) |
|---|
| 2018 SLG 879 2018 SLD 879 2018 YLR 761 |
Peshawar High Court
Writ Petition No. 39-A of 2017, decision & hearing Dated: 26-7-2017.
SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Khurshid Alam Khan for Petitioner. Malik Wali Sultan for
Respondents.
Writ Petition No. 39-A of 2017, decision & hearing Dated: 26-7-2017.
SYED MUHAMMAD ATTIQUE SHAH, JUSTICE
Khurshid Alam Khan for Petitioner. Malik Wali Sultan for
Respondents.
MUHAMMAD AZEEM
VS
MST. NASREEN BIBI AND OTHERS
Law:
Section:
Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for maintenance allowance of minors by mother---Application for production of additional evidence by father---Non-mentioning of said witnesses in the list filed with written statement---Effect---Father contended that he could be allowed to produce additional evidence of the witnesses which could not be included in the list earlier---Validity---Record revealed that father had submitted list of twelve witnesses along with his written statement, however, he produced only three witnesses and later he submitted an application for recording the statement of two persons and requested the Court to allow him to produce and record their statements in support of his case---Said application was filed by the father after lapse of more than two years, he had not shown any plausible reason or ground for not mentioning the names of said persons in the list of witnesses submitted by him---High Court observed that father's evidence had been closed and the case was pending for final arguments of the parties, therefore, at such belated stage the application for production of additional evidence would not serve any useful purpose rather said application was an attempt to further delay the decision of the case which was not desirable under the law---Constitutional petition being bereft of merit was dismissed accordingly. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- Through instant petition, the petitioner approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:-- "It is therefore, humbly prayed that on acceptance of instant writ petition, the impugned order dated 21.12.2016 may graciously be set aside and application filed by petitioner for production of additional witnesses may graciously be accepted. Any other relief deemed fit and proper in the circumstances of the case." 2. Brief facts of the case are that respondent No. 1 instituted a suit in the Court of Judge Family Court, respondent No. 2 for dissolution of marriage, recovery of dower, maintenance, dowry articles and recovery of gold ornaments on 28.08.2014. The learned…
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