Form No.:HCJC/C-121 ORDER SHEET IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT Case No: Muhammad Amin WP No.29715-2014 Versus S.No. of Date of order/ order/ Proceeding Proceeding Najma Parveen etc Order with signature of Judge, and that of parties of counsel, where necessary. 11.11.2014 Mr.Muhammad Azam Warraich, Advocate for the petitioner. Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 to impugn the order dated 22.5.2014 passed by learned Family Judge Pasrur whereby petitioner’s right to file written statement was struck of. 2. It is argued by learned counsel for the petitioner that impugned order is passed in a slipshod manner without application of judicious mind or comprehending the questions of law and facts involved in this case; that learned trial Court wrongly exercised the jurisdiction while passing the impugned order which is liable to set aside. 3. Arguments heard. Record perused. 4. Succinctly facts leading to this petition are that Najma Parveen respondent has filed a suit for dissolution of marriage and recovery of dowry articles against the petitioner on 26.11.2013. Process server Writ Petition No.29715-2014 reported that petitioner 2 was residing abroad consequently proclamation in the newspaper was issued besides issuing process of the Court through registered post. On 24.3.2014 M.Fayyaz Bajwa Advocate filed power of attorney on behalf of the petitioner. The same day copies of the plaint etc. were served upon to learned counsel for the petitioner and the case was fixed for 16.4.2014. On the said date written statement was not filed and request for adjournment was made by learned counsel for the petitioner. Another request was allowed and case was adjourned for filing of written statement for 08.5.2014. On the said date learned counsel for the petitioner made request for an adjournment for filing of written statement which was allowed with a caution of last opportunity and a warning that no further adjournment would be given and the case was adjourned for 22.5.2014. On the said date written statement was not filed consequently through impugned order petitioner’s right of filing written statement was struck of. 5. Section 8(1)(a) of the West Pakistan Family Court Act 1964 provides that on presentation of plaint to the Family Court it shall fix a date of not more than thirty days for the appearance of the defendant. Section 9 of the Act (ibid) further provides that on the date fixed under clause (a) of subsection (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement. This section further stipulates that in case of default the Family Court may proceed ex-parte. 6. In this case record transpires that after petitioner’s appearance before the Court through counsel on 24.3.2014 petitioner availed as many as five opportunities in sixty days up till 22.5.2014 but miserably failed to file the written statement despite caution of last opportunity and specific warning. It is well settled by now that Family Court Act has been enacted for the expeditious settlement and disposal of disputes relating to the family affairs. Needless to say that conduct of a party is relevant factor in the administration of justice. In case of contumacious default of the petitioner to file written statement the Family Court therefore acted well within its jurisdiction to strike Writ Petition No.29715-2014 3 of the petitioner’s right to file the written statement for orderly dispensation of justice under the Act. 7. Besides petitioner has not been able to advance any cogent reason for his failure in filing the written statement despite availing six opportunities within a period of sixty days since his appearance before the Court. In view of the above I do not find any legal infirmity, material irregularity or jurisdictional error in the impugned order passed by learned Judge Family Court. Petitioner has no cause to invoke the constitutional jurisdiction of this Court. 8. For the above reasons, this constitutional petition having no merit is dismissed in limine. (ABDUS SATTAR ASGHAR) JUDGE Approved for reporting. JUDGE ‘Ejaz’