' It was ordered on the last date of hearing on 19.02.2015 that the respondents be served through proclamation in the "Daily Nawa-i-Waqt" at the expense of the petitioner. The extract of the proclamation published in the "Daily Nawa-i-Waqt" on 07.03.2015 has been produced, according to which the publication has been made. The respondents are, therefore, proceeded against ex- parte.
2. This petition impugns the order dated 23.05.2012 according to which the application of the petitioner for being represented through an authorized agent holding a power of attorney was declined by the Judge Family Court Khanewal. I have perused the impugned order and I do not find it to be sustainable. The Judge Family Court has proceeded on the basis of the definition of "Parda Nasheen" lady as given in the dictionary. However, there is no bar in law for a person to be represented by a duly authorized attorney nor has such a bar been spelt out in the impugned order itself. The learned counsel for the petitioner has relied upon Naazreen Akhtar v. Family Judge, Lahore and another (PLD 1996 Lahore 394) and the relevant portion of which is reproduced.As under: "Therefore, there is no bar for a lady to be represented through general attorney unless and until her presence is required and directed by the Family Court. The petitioner had rightly filed a suit before the judge, Family Court through her agent where a suit for restitution of conjugal rights against her was pending adjudication and this was the only possible means where she could escape from the conflict of judgments of two Courts of two countries."
3. In view of the above, the impugned order of the Judge, Family Court dated 23.05.2012 is set aside.
The petitioner would be at liberty to be represented by a duly authorized power of attorney holder and to depose on her behalf. The credibility of power of attorney holder as well as worth of deposition so made shall be seen by the trial Court at the end of the trial.
4. This petition is accepted.