CLOSING OF RIGHT OF WRITTEN STATEMENT BY FAMILY COURT

1. Right of Written Statement or Defence can

be struck down by the Family Court in spite

of Specific Provision in this regard in Family

Courts Act because the Family Court cannot

remain helpless if the defendant fails to file

written statement within the time provided

by the court.

[2017 CLCN 22]

2. Right of cross examine to a defendant

who failed in filing written statement can

not be denied.

[2012 CLC 1361]

4. The act of the petitioner was

contemptuous who did not file the written

statement in spite of the fact that ex parte

proceedings was set aside against him. Writ

Petition was dismissed.

[2006 MLD 1128]

5. No appeal against interlocutory order of

Family Court

[2005 CLD 1049]

6. The order of closing of right of written

statement by a Family court in a suit for

recovery of maintenance or dowry articles

cannot be challenged in a writ petition

being interlocutory order. The petitioner can

file appeal against the final judgment

because appeal has wider scope than writ

jurisdiction.

[2007 YLR 1550], [2009 MLD 1042]

7. Family court can regularize its proceedings on the general principles of

law.

[2017 YLR 622]