Section 9(2) of the Family Courts Act, 1964 clearly provides that where a defendant relies upon a document in his possession or power, he shall produce it or copy thereof in the Court along with the written statement.

2024 CLC 375 

Section 9(2) of the Family Courts Act, 1964 clearly provides that where a defendant relies upon a document in his possession or power, he shall produce it or copy thereof in the Court along with the written statement. Sub-section (4) of Section 9 ibid requires copies of the documents referred to in subsection (2) to be given to the plaintiff along with the written statement on the date fixed for that purpose.

Although the word “shall” has been used in subsections (2) & (4) of Section 9 of the Act, however, that does not make these provisions mandatory thereby rendering non-compliance thereof absolutely fatal so as to prevent a defendant from belatedly filing and producing in evidence any document that was not filed along with the written statement. This is primarily for the reason that no such penal consequences have been specified by the legislature in Section 9 of the Act. It thus remains discretionary for the Family Court to permit a defendant to file any document, deliver a copy thereof to the plaintiff that was not filed along with the written statement and produce the same in evidence in a suit. The question then arises what are the principles governing the exercise of such discretion by the Family Court?

WP 65227/23
Muhammad Nawaz Vs ADJ Hafizabad etc
2024 CLC 375