Law: Family Courts Act, 1964

Section: 5,Sched,7,8,14

Law: Family Courts Act, 1964

Section: 5,Sched,7,8,14

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)------Ss. 5, Sched. & 7, 8, 14---Constitution of Pakistan, Art.199---Suit for maintenance---Failure of defendant to appear and filing of written statement---Family Court debarred the defendant from filing written statement---Affidavit filed for re-calling of said order, had merely narrated the non-attendance on behalf of the defendant's counsel and no reason for his absence on the date or for not filing written statement was given---Factum of non-attendance of defendant's counsel was not supported by personal affidavit of the counsel---Application for recalling of said order was rightly dismissed for negligence on the part of the defendant---Orders passed by two courts below being unexceptionable were maintained. Maqsood Ahmed v. Judge, Family Court, Burewala 2001 CLC 567 and Kh. Muhammad Ahmad Qasim v. Mst. Kaneez Fatima 2006 MLD 1128 ref. S. Amir Haider Naqvi for Petitioner. Lajpat Rai for Respondent No.2 with Respondent No.2 in person. ORDER ARSHAD SIRAJ MEMON, J.--- This petition has been filed against the order dated 11-3-2009 passed by 1st Additional District Judge East through which Appeal No.23 of 2009 was dismissed being not maintainable. Briefly facts are that on 10-10-2008, the petitioner and his counsel did not attend the proceedings which were fixed for filing written statement. Therefore, , the Xth Civil and Family Judge (East) Karachi vide order dated 10-10-2008, debarred the petitioner from, filing written statement, which was directed to be filed since 19-3-2008. The learned counsel for the petitioner submits that he had filed application for recalling the order dated 10-10-2008, in which it was submitted that the non-appearance was neither intentional nor mala fide due to the fact that he had misplaced his professional case diary and, therefore, was not able to appear before the Court. Such application was considered by the learned trial Court, which was also dismissed vide order dated 12-1-2009. Subsequently, an Appeal No.28 of 2009 was filed, which was also dismissed in which it was held that no appeal or revision lies against the interim order or interlocutory order passed by Family Court.…

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