2010 PLP 308 (YLR)
SHER SHAH — Petitioner Versus Mst. RANI BEGUM and 5 others-Respondents
| Citation | 2010 PLP 308 (YLR) |
| Forum / Court | Lahore |
| Bench Members | S. Ali Hassan Rizvi, J |
| Parties | SHER SHAH — Petitioner Versus Mst. RANI BEGUM and 5 others-Respondents |
| Primary Law | (b) Constitution of Pakistan (1973), (a) West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2010 PLP 308 (YLR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 308 (YLR)?
The case was heard and decided by the Lahore bench comprising: S. Ali Hassan Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 308 (YLR) (SHER SHAH — Petitioner Versus Mst. RANI BEGUM and 5 others-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Saeed Ansari for Petitioner.
Headnotes / Summary
S.11
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Closure of defendant's right to cross-examine plaintiff's witnesses despite availing two opportunities for such purpose
Nothing in law to debar court from closing right of cross-examination even on first date, if no. reasonable cause was shown for adjournment
Object of Family Laws being disposal of family cases expeditiously defendant should have been careful to avail opportunity for cross-examining plaintiff's witnesses
Impugned order was with jurisdiction
High Court dismissed constitutional petition in circumstances.
Art. 199
Constitutional petition
Impugned order passed with lawful authority
Effect
High Court would not be called upon to interfere with such orders.
Judgment & Decree
S. ALI HASSAN RIZVI, J.
The order dated 10-2-2009 passed by the learned Judge Family Court, Kasur (respondent No.6 herein) has been challenged on the ground that right of cross-examining the witnesses produced by the plaintiff/respondents Nos.1 to 5 could not have been closed. According to learned counsel, no reasonable opportunity was granted to cross-examine them.
2. Perusal of the order-sheet reveals that on 14-1-2009 affidavit Exhs.P1 and P2 were filed and next date (21-1-2009) was fixed giving an opportunity to cross-examine them. On the said date, yet another opportunity was granted for cross-examination of the witnesses adjourned the case to 10-2-2009. On 10-2-2009, the witnesses were not cross-examined and the learned Judge, Family Court had passed the impugned order closing the right of cross-examination. Order passed by the learned Judge, Family Court is clothed with authority. There is no law debarring the closure of right of cross-examination even on the first date if no reasonable cause is shown for adjournment. The scheme of family laws is to dispose of family cases expeditiously. The petitioner should have been careful to avail the opportunity for cross-examination of the witnesses. He failed to do so. In writ jurisdiction, this Court is not called upon to interfere with the orders, which are passed with lawful authority. I, therefore, dismiss the instant writ petition in limine. S.A.K./S-99/L Petition dismissed.