Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 8,9

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----Ss.8 9---Written statement---Delay in filing written statement---Closing of defence---Scope---Proceeding before the Family Court is governed by the special law i.e., the Azad Jammu and Kashmir Family Courts Act, 1993---Purpose of enacting said law has been given in clear words in the Preamble, which is expeditious settlement and disposal of matrimonial disputes and to avoid the protracted litigation between the parties---Under the Act, the specific provisions regarding the intimation to the defendant and filing of written statement have been provided---Legislature has prescribed the time for filing the written statement from the date of the notice---Since the defendant had failed to file the written statement within time, therefore, the Family Court had rightly closed the right of his defence---Appeal was dismissed. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art.44---Writ jurisdiction---Scope---While invoking extraordinary writ jurisdiction, it is the duty of the petitioner to point out any violation of law. JUDGMENT RAJA SAEED AKRAM KHAN, CJ.--- 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…

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