2022 CLC 391
QAISER-UR-REHMAN vs CIVIL JUDGE
Date of hearing to be carefully noted---Suit for dissolution of marriage, dowry articles, maintenance---Right of petitioner/defendant to file written statement was closed by Family Court---Contention that petitioner failed to appear before Court on account of misunderstanding regarding date of hearing ---Held, that Family Courts had been established for expeditious settlement/disposal of disputes relating to marriage/family affairs---Petitioner failed to appear on date of hearing but appeared more than 20 days after the date fixed in person and sought adjournment---Petitioner failed to submit written statement on due date was given final opportunity subject to costs---Presiding Officer, on next two dates was on leave---Finally petitioner's right was struck off---Opportunities/maximum statutory period was mechanically extended by Family Court in petitioner's favour without even recording sufficient reasons---Petitioner/his counsel had no lawful excuse for their negligence/indolence in noting down actual date of hearing and filing the written statement---Allowing the Constitutional petition would defeat the very purpose/object of Family Court Act, 1964 (i.e. expeditious settlement/disposal)---Constitutional petition was dismissed in limine.
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