Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 18---West Pakistan Family Courts Rules, 1965, RA(l) --- Constitution of Pakistan (1973), Art. 199---Constiutional petition---Appearance in Family-Court through agent---Effect---Provision of S. 18, West Pakistan Family Courts Act, 1964 being enabling provision, empowered Court to dispense with legal requirement as to appearance of any person and enable such person to be represented through authorised agent---Provision of S.18 of the Act, therefore, would be attracted only if person was required by any provision of Family Courts Act to appear before the Court, which, however, could permit Pardanashin lady (plaintiff) to appear through duly authorised agent---Use of word "person" instead of "party" in S.18 of the Act, could not be stretched to include plaintiff---Order of Appellate Forum in allowing female plaintiff (Pardanashin) through specially constituted attorney to appear in Court was not open to interference in circumstances. Khalid Mehmood v. Razi Abbas Bokhari, Judge Family Court and another PLD 1979 Lah. 217 ref. ORDER The relevant facts for the decision of this Constitutional petition are that the petitioner and respondent No. l were married in accordance with the Muslim Rites but unfortunately the marriage failed and the result was that respondent No. l filed a suit for dissolution of marriage before the Judge Family Court, Faisalabad. The same is being contested by the petitioner. The learned Judge Family Court framed issues and fixed the case for evidence of the respondent No. 1, who during the pendency of the suit proceeded to England and constituted special attorney to pursue her suit for dissolution of marriage. The petitioner objected to this and it was argued that the suit relates to the personal matter and not to the property, therefore, the plaintiff has to appear in person in the Court. The objection was upheld by respondent No.2 vide order, dated 28-5-1997, which was challenged through an appeal before respondent No.3. The appeal was accepted by respondent No.3 vide order, dated 25-9-1997 and the result was that respondent No. 1 was allowed to be presented by Special Attorney. Now this…

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