Brief facts of the case are that respondent No.2 namely Mst. Farzana Mai filed a suit for jactitation of marriage against the petitioner who filed contesting written statement. Issues were framed and evidence of respondent No.2 was recorded whereafter learned Judge Family Court, Jampur, District Rajanpur proceeded to struck off right of the petitioner to produce the evidence vide order dated 22.10.2014 which is under challenge in this writ petition.
2. Arguments heard. Record perused.
3. This writ petition has arisen out of family suit whereas the main suit is still pending decision. The West Pakistan Family Courts Act, 1964 is a special statute wherein a specific timeframe has been given to dispose of the cases filed thereunder aimed at to mitigate the agony of the litigants and provide them justice expeditiously. The order impugned is an interim order against which no appeal lies. It is settled law where appeal has not been provided by law, it cannot be substituted by way of filing a writ petition as it would tantamount to defeat the will of the legislature. Therefore, this writ petition is not competent. Reliance is placed on the dictums laid down by the Hon'ble Supreme Court of Pakistan in cases reported as Muhammad Iftikhar v. Javed Muhammad and 3 others (1998 SCM R 328) and Saghir Ahmad Naqvi v. Province of Sindh and another (1996 SCM R 1165). The petitioner, however, may agitate all the objections raised in this writ petition in appeal if the decision ultimately comes against him.
4. In light of the foregoing, this writ petition is not maintainable, hence dismissed in limine.