Law: Family Courts Act, 1964

Section: 9(1), 9(5)(a)

Law: Constitution of Pakistan, 1973

Section:

TAGLINE / HEADNOTE

Family Suit – Closure of Right to File Written Statement – Section 9(1), Family Courts Act, 1964 – Article 10-A Constitution (Right to Fair Trial) – Closure order passed in haste without proper opportunities – Courtroom inaccessible due to fire in LDA Building – Only one effective opportunity available after setting aside ex-parte proceedings – Non-speaking and hasty order held prejudicial – High Court sets aside impugned order; right to file written statement restored subject to payment of costs – Directions to trial court to accept written statement on next date – Principles: “Justice hurried is justice buried”; fair trial rights must be protected.

✅ CONCISE SUMMARY OF JUDGMENT

The petitioner assailed the order of the Family Court dated 19.11.2025, whereby his right to file a written statement was closed in a family suit for dissolution of marriage, maintenance, dowry and delivery expenses.

Factual Background

• Suit filed on 18.06.2025; petitioner was initially proceeded against ex parte.
• Petitioner appeared on 29.07.2025 and successfully had ex parte proceedings set aside on 15.10.2025, subject to Rs.1,000/- costs.
• Written statement and costs were required on 25.10.2025, but due to fire outbreak in the LDA Building on 16.10.2025, the court adjourned the case to 19.11.2025.
• On 19.11.2025, without acknowledging the earlier disruption, the Family Court closed the right to file written statement.

Findings of the High Court

• 19.11.2025 was effectively the first operative date for filing written statement after restoration of the defence.
• The Family Court failed to indicate how many meaningful opportunities were granted or why they were deemed "sufficient."
• The fire incident, verified by the Senior Civil Judge’s notice, obstructed court functioning; thus non-filing could not be treated as deliberate.

The impugned order is: