Law: Family Courts Act, 1964

Section: 5, Schedule,7,9,17A,18

Law: Civil Procedure Code (V of 1908)

Section: 132,O.VI,R.15

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 22

Law: Family Courts Rules, 1965

Section: R.4

(a) Family Courts Act (XXXV of 1964)--- ---Ss. 5, Sched, 7, 9, 17-A & 18---Family Courts Rules, 1965, R. 4---Civil Procedure Code (V of 1908), S. 132 & O. VI, R. 15---Suit for recovery of maintenance allowance, dower and dowry articles---Appearance of parties in person---Scope---Representation through counsel/attorney---Scope---Defendant-husband living abroad submitted wakalatnama and written statement without his signatures---Striking of defence---Scope---Personal appearance of a party beforeFamily Court---Pardanasheen lady---Appearance through agent---Exemption from personal appearance---Appointment of a counsel---Authority of agent---Irregularity in the wakalatnama---Effect---Wife filed suit against her husband who lived abroad and his father---Wakalatnama and written statement signed by the father of husband were filed but without signatures of defendant-husband---Family Court struck-off defence of defendant-husband---Validity---Suit with regard to family matters could be filed before Family Court by presentation of a plaint---Court on presentation of plaint was to fix a date for appearance of defendant issue summons for appearance on the date fixed therein---If defendant received summon then he should appear before the Family Court and file written statement with list of witnesses---Pardanasheen lady/party to a family suit might be permitted to be represented by a duly authorized agent---Defendant was not bound to appear in person before Family Court---Right to be represented through counsel was a statutory right---Any person who was of the age of majority and was of sound mind might employ an agent through an express or implied authority---Said agent could perform every lawful action which was necessary in order to do such act---When a party was not required to personally appear then he could be represented through attorney or counsel---Appearance of the parties before the Court would include appearance through duly constituted attorney---Court had to confirm genuineness of pleadings/presentations and consent of parties to be represented having not been obtained by way of force, fraud or undue influence---Counsel appointed by a party to the proceedings…

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