Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 8,9

Azad Jammu and Kashmir Family Courts Act, 1993-- ----Ss. 8 ,  9--Closing of right of defence--Providing of final opportunity for filing of written statement--Duty of petitioner--Filing of writ petition--Dismissed--Challenge to--Legislature has prescribed time for filing written statement from date of notice--Trial Court afforded more than reasonable time to appellant for filing written statement--Appellant failed to file written statement, trial Court was left with no option except to close right of defence of appellant--It is duty of Petitioner to point out any violation of law but in this case no such violation has been pointed out--Order passed by High Court is well in accordance with law--Appeal dismissed.   [Pp. 41 ,  42] A, B, C ,  D JUDGMENT Raja Saeed Akram Khan, C.J.--The appellant (Yousaf Malik) is defendant in a case for recovery of dower amounting to Rs. 500,000/-, in the Court of Family Judge, Muzaffarabad. Vide order dated 07.12.2019, his right of defence was closed. He filed a writ petition before the High Court but failed to get any remedy. 2. Bilqees Rasheed Minhas, Advocate, the learned counsel for the appellant stated that the orders passed by Courts below are against the law and facts of the case. She forcefully argued that every litigant should be provided reasonable time to prove his case. The appellant sought adjournment before the trial Court for filing written statement as he had to procure some revenue record, but through order dated 07.12.2019, the right of defence of appellant has been closed. She submitted that for ends of justice one opportunity be granted to the appellant to prove his case. 3. Conversely, Mr. Tabarak Khan, Advocate, the learned counsel for Respondent No. 1 stated that the proceedings in the Family Court are regulated by the special law i.e., the AJ K Family Courts Act, 1993, according to which the defendant is under obligation to appear in the Court and file written statement within fifteen days of the service of notice. The appellant failed to file the written statement within the stipulated time. The learned trial Court afforded more than reasonable time provided by law, but despite this he…

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