Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.10---Civil Procedure Code (V of 1908), S.151 & O. VIII, R.10--Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Plaintiff filed suit for dissolution of marriage on the basis of khula---Defendant did not file written statement---Trial Court struck off defence of the defendant on non-filing of his written statement---Validity---Although the power of closing the right of written statement was not available to the Family Court but the words "if any" couched in subsection (2) of S.10 of the West Pakistan Family Courts Act, 1964 clearly postulated the intent of legislature that the Family Court was neither helpless nor supposed to act as a silent observer to the inaction and reluctance of the defendant in filing written statement---Inherent powers as provided by S.151, C. P. C. were available to the Family Court---Family Court was competent to regulate its own proceedings as the West Pakistan Family Courts Act, 1964 does not make provisions for every conceivable eventuality and unforeseen circumstances---Suit for dissolution of marriage had been filed against the defendant but he was delaying the matter by not filing written statement---Order of the Judge Family Court closing right of filing written statement of the defendant, in circumstances, was not open to exception---Order passed by Family Court was interim/interlocutory in nature against which a constitutional petition was not maintainable---Constitutional petition was dismissed in limine. Maqsood Ahmad v. Judge, Family Court, Burewala and 5 others 2001 CLC 567 and Mst. Naziran Bibi v. Additional District Judge and others 2003 YLR 82 ref. Akhtar Ali Said Bcha v. Mst. Naheed Bibi PLD 2003 Pesh.63 and Zulfiqar Ahmad v. Judge Family Court 1996 MLD 1997 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 10(2)---Civil Procedure Code (V of 1908), O. VIII, R.10---Constitution of Pakistan (1973), Art.199---Constitutional petition--Non-filing of written statement---Effect---If the interpretation that Family Court had no authority to close right of filing written statement of the…

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