Law: Family Courts Act, 1964

Section: 5, Schedule,S.7(2)(3)(4),17

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S. 7(3)(4)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Plaintiff filed a suit for dissolution of marriage, recovery of dower amount, maintenance and dowry articles in the Trial Court which was pending adjudication---Defendant filed an application to the Trial Court for recalling of an interim order whereunder fake documents were exhibited in documentary evidence in his absence---Trial Court dismissed application of the defendant for recalling of interim order---Contention of the defendant was that the Trial Court had not adopted the proper procedure for recording the documentary evidence and in his absence fake documents had been exhibited which were not mentioned in the list of documents/reliance attached to the plaint and the provisions of S.7(3)(4) of the West Pakistan Family Courts Act, 1964 had not been adhered to---Validity---Defendant should have objected to documentary evidence at the time of cross-examination of the plaintiff but such objection was not made at that time which was negligence on part of the defendant to convert and obstruct the course of justice--Record revealed that the plaintiff had mentioned the documents to be exhibited in her list of documents and had placed reliance on the same---Even otherwise, plaintiff had the right under S.7(2) of the Family Courts Act, 1964 to put the same on file after permission of the court---Family Court was bound to allow what was in the interest of justice and should have exercised its own powers to prevent the course of justice from being deflected from the path that led to fair and just decision---High Court declined to interfere in constitutional petition---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: MS. JAMILA JAHANOOR ASLAM, J.--- The Counsel for the petitioner states 4that there is a suit for dissolution of marriage, recovery of dower amount, maintenance and for the recovery of dowry articles in the Family Court, Rawalpindi. 2. The suit is still pending adjudication, therefore, the order being impugned are interim orders thus making this writ petition maintainable. I…

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