Law: Family Courts Act, 1964

Section: 9

Family Courts Act, 1964 (XXXV of 1964)-- ----S. 9--Punjab Family Courts (Amendment) Act, 2015--Closing of petitioner--Non-filing written statement by petitioner--Judge Family Court proceeded to close right of petitioner--Neither petitioner file written statement on day when he entered appearance before Judge Family Court nor submitted written statement on successive five adjourned dates for a period converting more than five months willfully and by design tried to prolong litigation and did not comply with order of court for submission of written statement. PLD 1981 SC 246; PLD 1974 SC 139 ref. ORDER Instant petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 to assail order dated 20.11.2021 passed by learned Judge Family Court, Multan, whereby right of Abdul Zahjoor (petitioner herein) to submit written statement was closed. 2. Heard learned counsel for the parties and record so annexed with the petition perused. 3. Learned counsel for the petitioner contends that learned Judge Family Court proceeded to close the right of petitioner in undue haste on technical ground. Learned counsel, however, could not refute the fact that the petitioner through his counsel entered appearance before learned Judge Family Court on 14.06.2021. Neither petitioner filed written statement on the day when he entered appearance before learned Judge Family Court nor submitted written statement on successive five adjourned dates for a period covering more than five months till 20.11.2021 when impugned order was passed by learned Judge Family Court. Procedure for submission of written statement has been specified in Section 9(1) of the Family Courts Act, 1964 (hereinafter referred to as the ‘Act, 1964’). For the facility of ready reference, said provision is reproduced hereunder: ‘[S. 9. (1) Written statement.--On the date fixed under clause (a) of sub-section (1) of Section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement, and attach therewith list of his witnesses alongwith a precise of the evidence that each witnesses is expected to give.’ Section 9(1) ibid has…

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