2020 PLP 359 (YLR)
SAJAWAL — Petitioner Versus JUDGE FAMILY COURT, DISTRICT MULTAN and another — Respondents
| Citation | 2020 PLP 359 (YLR) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | Ali Baqar Najafi, J |
| Parties | SAJAWAL — Petitioner Versus JUDGE FAMILY COURT, DISTRICT MULTAN and another — Respondents |
| Primary Law | Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2020 PLP 359 (YLR)?
This judgment primarily cites: Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 359 (YLR)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: Ali Baqar Najafi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 359 (YLR) (SAJAWAL — Petitioner Versus JUDGE FAMILY COURT, DISTRICT MULTAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Tariq Javed Arain for Petitioner.
Headnotes / Summary
S. 9
Constitution of Pakistan, Art. 10-A
Extension in time for filing written statement
Scope
Petitioner challenged order of Family Court whereby his right to submit written statement was struck off
Petitioner was given opportunities to submit written statement but he could not submit the same
Section 9(1) read with 9(5A) of Family Courts Act, 1964 provided a period of 15 days for filing written statement
Time could be extended where the defendant established sufficient reasons which prevented him from filing the same
High Court, keeping in view the valuable rights of petitioner to defend himself before the Family Court and in view of Art. 10-A of the Constitution permitted the petitioner to submit written statement subject to payment of cost.
Judgment & Decree
ALI BAQAR NAJAFI, J.
Through this constitutional petition, the petitioner has challenged the order dated 6.2.2019 whereby the right to submit written statement of the petitioner was struck off on the ground that despite availing number of opportunities, he has failed to file written statement within the statutory period.
2. After hearing the learned counsel for the petitioner and perusing the file, it is straightaway observed that the respondent filed a suit for maintenance allowance and dower on 31.5.2018 in which the petitioner appeared on 15.9.2018 whereafter on 23.10.2018, 3.12.2018 and 5.1.2019 the petitioner was given opportunities to submit the written statement but he could not submit the same on account of unavoidable circumstances. Under section 9(1) read with section 9(5A) of the West Pakistan Family Courts Act, 1964, a period of 15 days is provided for the said purpose. However, if the petitioner could establish sufficient reasons which prevented him for filing the written statement, such time can be extended in the interest of justice. Learned counsel for the petitioner states that on two occasions the learned Presiding Officer was on leave and that he will file the written statement before the Family Court on the next date of hearing i.e. 5.4.2019 if so permitted by the Court against an appropriate cost.
3. In this view of the matter and keeping in view the valuable rights of the petitioner to defend himself before the Family Court and referring to Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973 (Right to Fair Trial) prescribing right to defend as a fundamental right, I allow this writ petition, set-aside the order dated 6.2.2019 passed by the Family Court and permit the petitioner to submit written statement on 5.4.2019 subject to payment of cost Rs.5000/- to the respondent on the said date. SA/S-83/l Petition allowed.