Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964) S. 11-Provisional Constitution Order (1 of 1981), Art. 9--Production of evidence-Petitioner failing though given numerous opportunities to produce witnesses-Cannot be said to have been condemned unheard-Provisions of section 11 being mandatory in nature any party failing to submit list of his witnesses would not be entitled to have them summoned through Court-Petitioner having not been condemned unheard, constitutional petition, held, will not lie on question of fact-Family Court, held, justified in closing evidence.(Evidence-Witness]. The petitioner had been given numerous opportunities to produce his witnesses but since he did not do so, it does not lie in his mouth now to say that he had been condemned unheard. Under section 11 of the Family Courts Act on the date fixed for the recording of the evidence the Judge Family Court is expected. to examine the witnesses produced by the parties in such order as be deems fit and that the Judge, Family Court cannot issue summons for the appearance of any witness unless within three days of .the framing of issues a party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible for such party, to produce the witness. In the present case, since the petitioner did not submit the list of witnesses within the prescribed time limit, he cannot have any grievance if the Judge, Family Court had declined to summon his witnesses through Court. Even when the petitioner was given opportunities to produce his witnesses at his own responsibility be did not do so. In spite of all this the Judge, Family Court took a liberal view and allowed him to bring his own witnesses on numerous dates and when this could not be done the Court allowed the petitioner to get his statement recorded in support of his own version. The Judge, Family Court can close the evidence of a party which fails to adduce evidence without sufficient cause. Syed Shaukat Abbas v: Mst. Bushra Rani and another P L D 1982 Lab, 281 and Akhlaq Ahmad v, Anwar Sultana P L D 1983 5 C 169 ref, (b) West Pakistan Family Courts Act (XXXV of 1964) Ss. 12 &…

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