Law: Family Courts Act, 1964

Section: 9,9(5A)

Law: Constitution of Pakistan, 1973

Section: 10A

Family Courts Act (XXXV of 1964)--- ----S. 9---Constitution of Pakistan, Art. 10-A---Right to fair trial---Written statement---Extension in time for filing written statement---Scope---Petitioner challenged order of Family Court whereby his right to submit written statement was struck off---Validity---Petitioner was given opportunities to submit written statement but he could not submit the same---Section 9(1) read with 9(5A) of Family Courts Act, 1964 provided a period of 15 days for filing written statement---Time could be extended where the defendant established sufficient reasons which prevented him from filing the same---High Court, keeping in view the valuable rights of petitioner to defend himself before the Family Court and in view of Art. 10-A of the Constitution permitted the petitioner to submit written statement subject to payment of cost. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- Through this constitutional petition, the petitioner has challenged the order dated 6.2.2019 whereby the right to submit written statement of the petitioner was struck off on the ground that despite availing number of opportunities, he has failed to file written statement within the statutory period. 2. After hearing the learned counsel for the petitioner and perusing the file, it is straightaway observed that the respondent filed a suit for maintenance allowance and dower on 31.5.2018 in which the petitioner appeared on 15.9.2018 whereafter on 23.10.2018, 3.12.2018 and 5.1.2019 the petitioner was given…

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