Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, Schedule,Ss.11,17

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched., and Ss.11 & 17---Suit for dissolution of marriage---Recording of evidence of plaintiff---Counsel for defendant failing to appear---Effect---Witnesses of the plaintiff were present in the court on date fixed for recording evidence of said witnesses---Defendant appeared and sought time for producing his counsel in the court and time was fixed in that respect---Court kept on waiting the counsel for the defendant, even after expiry of fixed time but he did not appear---Witnesses of the plaintiff remained present in the court, but due to absence of counsel for defendant the evidence could not be recorded, and the court had no option except to pass an order for payment of expenses to the witnesses of the plaintiff by the defendant---Legality---Defendant challenged said order by way of a writ petition in the High Court, which petition was dismissed by the High Court---Contention of defendant was that of High Court was not maintainable as provisions of C.P.C. being not applicable in the proceedings before the Family Court, court could not pass any order for payment of expenses to the witnesses---Under provisions of S.17 of Azad Jammu and Kashmir Family Courts Act, 1993, provisions of Qanun-e-Shahadat, 1984 and Civil Procedure Code, 1908 did not apply to the proceedings in Family Court unless expressly provided by or under the said Act and Family Court had its own procedure for the trial of the cases specified in the Schedule of said Act---Family Court was empowered to examine witnesses produced by the parties in such order as it deemed fit---Though it was not expressly provided as to in what order the witnesses were to be produced, but power was vested in the court that it would determine the mode/order as it deemed fit---Provisions of C.P.C., though were not applicable in the proceedings before the Family Court, but there always existed an implied and inherent power in every court to pass a suitable order to meet the ends of justice and the requirement of principles of natural justice---Azad Jammu and Kashmir Family Courts Act, 1993, did not expressly provide that if the evidence of the…

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