RAJA SAEED AKRAM KHAN, CJ.---The appellant (Yousaf Malik) is defendant in a case for recovery of dower amounting to Rs.500,000/-, in the Court of Family Judge, Muzaffarabad. Vide order dated 07.12.2019, his right of defence was closed. He filed a writ petition before the High Court but failed to get any remedy.
2. Bilqees Rasheed Minhas, Advocate, the learned counsel for the appellant stated that the orders passed by Courts below are against the law and facts of the case. She forcefully argued that every litigant should be provided reasonable time to prove his case. The appellant sought adjournment before the trial Court for filing written statement as he had to procure some revenue record, but through order dated 07.12.2019, the right of defence of appellant has been closed. She submitted that for ends of justice one opportunity be granted to the appellant to prove his case.
3. Conversely, Mr. Tabarak Khan, Advocate, the learned counsel for respondent No.1 stated that the proceedings in the Family Court are regulated by the special law i.e., the Azad Jammu and Kashmir Family Courts Act, 1993, according to which the defendant is under obligation to appear in the Court and file written statement within fifteen days of the service of notice. The appellant failed to file the written statement within the stipulated lime. The learned trial Court afforded more than reasonable time provided by law, but despite this he failed to file written statement, hence, the Court was left with no option except to close his right of defence. No illegality has been pointed out by the learned counsel for the appellant, hence, this appeal is liable to be dismissed.
4. We have heard the arguments of learned counsel for the parties and gone through the record.
5. The proceeding before the Family Court is governed by the special law i.e., the Azad Jammu and Kashmir Family Courts Act, 1993. The purpose of enacting this law has been given in clear words in the Preamble, which is, expeditious settlement and disposal of matrimonial disputes and to avoid the protracted litigation between the parties. Under this Act, the specific provisions regarding the intimation to the defendant and filing of written statement have been provided. Sections 8 and 9 of the Azad Jammu and Kashmir Family Courts Act, 1993, are very much relevant which read as follows: "8. Intimation to defendants:-(1) Within three days of the presentation of the plaint to a Family Court the plaintiff shall send to each defendant by registered post, a copy of the plaint together with a copy of the schedule as mentioned in Section 7(2) and copies of all documents mentioned in Section 7(3).
(2) Save as may otherwise be prescribed, the plaintiff shall also, within the time specified in subsection (1), cause notice to be published in newspapers approved by the Family Court of the fact of his having filed the plaint.
9. Written statement: -(1) Within fifteen days of the service of notice upon him by registered post or the appearance of a notice in a newspaper, whichever is earlier, the defendant shall appear in Court and file his written statement.
(2) With the written statement the defendant shall attach-
(a) Copies of the entire documentary evidence that he wishes to produce in the case: and
(b) A list of the names and addresses of his witnesses along with a precis of the evidence that each witness is expected to give.
(3) Copies of the written statement and the documents referred to in subsection (2) shall be sent by registered post by defendant to the plaintiff within three days of his filing the written statement: Provided that if there are several defendants and they file a joint written statement, only one of them shall send a copy of the written statement with the documents mentioned in subsection (2).
(4) If the defendant fails to appear within the time specified in subsection (1), the Family Court may proceed against him ex parte.
Provided that Court shall be satisfied before initiating such proceedings that defendant is either willfully avoiding the receipt of the notice or is not appearing before the Court deliberately inspite of receipt of notice"
(underlining is ours)
The cumulative appreciation of the statutory provisions, reproduced hereinabove, clearly leads to the conclusion that the legislature has prescribed the time for filing the written statement from the date of the notice. In this case, the suit for recovery of dower was filed on 31.10.2019 and the registered post was sent to the appellant on 02.11.2019, which was received by him on 04.11.2019, hence, he was supposed to file written statement within fifteen days from the date of service of notice. Despite this, the learned trial Court afforded more than reasonable time to the appellant for filing written statement. It appears that on 30.11.2019 last and final opportunity was provided to the appellant to file written statement till 04.12.2019. On 04.12.2019, again the appellant failed to do the needful and requested for adjournment which was granted subject to cost of Rs.200/-. Even then the appellant failed to file the written statement, hence, the learned trial Court was left with no option except to close the right of defence of the appellant on 07.12.2019. While invoking the extraordinary writ jurisdiction, it is the duty of the petitioner to point out any violation of law but in this case no such violation has been pointed out. In this state of affairs, the order passed by the High Court is well in accordance with law.
Consequently, finding no force this appeal is dismissed with no order as to costs.