Section 9 : Written statement
2016 YLR 1836 HIGH-COURT-AZAD-KASHMIR
SADAQ MEHMOOD VS JUDGE OF FAMILY COURT NO.1
5, Sched, Ss. 8, 9 & 14—Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44—Writ petition—Maintainability—Suit for dissolution of marriage—Ex-parte proceedings, setting aside of—Appearance and filing of written statement by the defendant—Limitation—Interim order— Appeal— Discretion, exercise of—Scope—Husband filed application for setting aside ex-parte proceeding but same was dismissed—Validity—Defendant could appear and file written statement within fifteen days of service—Proclamation was made on 21-09-2013 and defendant was authorized to appear and file written statement till 06-10-2013—Any action against the defendant before the expiry of time limit was not warranted under the law—Ex-parte proceedings were not permissible in the present case before 06-10-2013—Application filed by the defendant on 22-10-2013 for setting aside ex-parte proceedings was within time—Impugned order passed by the Family Court was without any legal force—Said order was interim one against which neither appeal nor revision would lie—Discretion exercised by the Family Court dismissing the application for setting aside ex-parte proceedings was not in accordance with law and same could be looked into by exercising constitutional power—Discretionary orders were not immune from judicial review—Writ petition against such interim order was competent in circumstances—Ex-parte order passed by the Family Court was set aside—Defendant was directed to file written statement before the Family Court within fifteen days—Family Court was directed to decide the case on merits after hearing the parties within the stipulated period first deciding the territorial jurisdiction—Writ petition was allowed in circumstances.
2012 YLR 2383 SUPREME-COURT-AZAD-KASHMIR
AISHA BIBI VS MUHAMMAD IDREES
Preamble, S.5, Sched., Ss.9, 10, 11 & 12—Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42—Suits for dissolution of marriage and realization of maintenance allowance—Failure of defendant to attach list of witnesses along with written statements—Closing of evidence–High Court, under writ jurisdiction, set aside judgment of the Family Court—Validity—Special procedure had been laid down in Ss.9, 10, 11, 12 of the Mad Jammu and Kashmir Family Courts Act, 1993, to achieve the object of enactment i.e., early disposal of the family matters—Preamble of the Act though was not an integral part of the statute, but it could be helpful to ascertain the intention of the legislation which showed that the object of enactment was expeditious disposal of disputes relating to family affairs—Scheme of law was to decide the family matters expeditiously; and in case the relevant provisions were not complied with, that would amount to defeat the object of the legislation—High Court had issued the writ while quashing the order of the Judge, Family Court on the basis of inference drawn on the presumptions—Judgment of the High Court had jailed to interpret the provisions of S.9 of Azad Jammu and Kashmir Family Courts Act, 1993 in . its true perspective—Order passed by the High Court was set aside and order of Family Court, was restored, in, circumstances.
2000 YLR 2523 SHARIAT-COURT-AZAD-KASHMIR
RAFHAT RASHID VS GHULAM SARWAR
—-S.5 & Sched. Ss. 7, 8, 9—Suit for jactitation of marriage—Ex parte order, setting aside of—Plaintiff, on direction of Court, sent copy of plaint to defendant alongwith list. of witnesses and other documents through registered post–Defendant hav
1997 MLD 2962 SUPREME-COURT-AZAD-KASHMIR
SABIR HUSSAIN VS SHAHEEN BIBI
Azad Jammu and Kashmir Family Courts Act 1993 —-S. 9—Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42– -Document not filed alongwith, written statement—Cannot be considered as evidence— Report of examiner of questioned document could not be brought under consideration as the same was not filed alongwith written statement as required by law—Appeal was accepted and judgment of Shariat Court as well as reference of Family Court to the report and finding based on same was ordered to be vacated by Supreme Court.