جب فیملی کورٹ جواب دعوی کا حق کلوز کرتی ھے تو اس پر معزز عدالت عالیہ کے کیا فرمودات ھیں ملاحظہ فرمائیں

 Right of Defense Struck of by Family Court.

2012 CLC 1361

Ss. 17A, 11, 9 & 5---Constitution of Pakistan, Arts.199 & 10A---Constitutional petition---Suit for recovery of maintenance allowance and dower---Family Court had struck off the right of the husband (petitioner) to file written statement and cross-examine witnesses of the wife---Contention of the husband was that on account of his failure to file a written statement, the Family Court could not deny him the right to cross-examine the witnesses of the wife---Validity---Family Court had struck off the husband's right to file written statement which was contrary to the provisions of the West Pakistan Family Courts Act, 1964---No provision for striking off the right to file written statement existed in the Act---Statutory right to strike off the defence of the defendant was only available under S.17-A of the Act, which was for interim maintenance---If the husband failed to file a written statement in accordance with the order of the Family Court, the Family Court may strike off his defence; and the case would then proceed in evidence and in terms of S.11 of the Act, the wife would lead evidence----At the time of recording evidence, the husband who had not filed his written statement, had a right to cross-examine the wife's witnesses---Such right was a valuable right and was prescribed in S.11(3) of the West Pakistan Family Courts Act, 1964---Family Court, in the present case, could strike off husband's right to file a written statement, right of defence, but could not close his right to cross-examine the witnesses of the wife---Denial of said right would render the procedure adopted by the Family Court as unfair and against the right to a fair trial---High Court set aside impugned orders, remanded the case to Family Court with the direction to provide one more opportunity to the husband to file written statement and produce evidence---Constitutional petition was allowed, in circumstances.

2017 CLC 22

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.

2012 CLC 1361

Right of cross examine to a defendant who failed in filing written statement can not be denied.

2010 CLC 797

Family court cannot sit as spectator if the defendant fails to file written statement. The family court can exercise its exclusive jurisdiction under the law in such eventuality.

2006 MLD 1128

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.

2005 CLD 1049

No appeal against interlocutory order of Family Court.

2005 YLR 1550

2009 MLD 1042

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.

2017 YLR 622

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