RAHEEL KAMRAN, J.----Through this writ petition, the petitioner has challenged the order dated 05.10.2021 passed by the learned Judge Family Court, Rawalpindi whereby the right of the petitioner to file written statement in the suit for dissolution of marriage, recovery of dowry articles, maintenance allowance, etc. has been closed and he has been proceeded against ex parte.
2. Learned counsel for the petitioner contends that on the previous date i.e. 27.09.2021, Reader of the Family Court informed him that the next date of hearing was fixed to be 07.10.2021, on which date counsel for the petitioner appeared only to learn that the right of the petitioner was closed on 05.10.2021 when no one appeared on his behalf before the learned trial court. He adds that the petitioner could not properly pursue the case and failed to appear before the trial court on 05.10.2021, on account of the aforementioned misunderstanding and the same was not intentional or deliberate. He finally contends that the petitioner is entitled to a fair trial right under Article 10A of the Constitution of Islamic Republic of Pakistan, 1973 [hereinafter referred to as the Constitution] in adjudication of his valuable rights, therefore, one opportunity be provided to file written statement.
3. Arguments heard. Record perused.
4. It is manifest from the preamble of Family Courts Act, 1964 (Act XXXV of 1964 ) [hereinafter referred to as the Act] that establishment of Family Courts has been carried out for expeditious settlement and disposal of disputes relating to marriage and family affairs. Section 12-A of the Act requires the Family Court to dispose of a case within a period of six months from the date of institution provided that where a case is not disposed of within such time, either party shall have a right to make an application to the High Court for necessary direction as the High Court may deem fit. To advance the same purpose and object application of provisions of the Qanun-e-Shahadat, 1984 and the Code of Civil Procedure, 1908 with the exception of Sections 10 and 11 thereof has been dispensed with save as otherwise expressly provided by or under the Act.
5. Institution of suits under the Act is governed by Section 7 of the Act, subsection (4) whereof requires the plaint to be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to in subsection (3), as there are defendants in the suit, for the service upon each of them. Section 8 of the Act regulates intimation to defendant subsection (1) whereof provides that when a plaint is presented to a Family Court, it shall fix a date, within two days of presentation of the plaint, which shall not be more than 15 days for the appearance of the defendants. For that purpose, the Family Court is required to send a notice or summon of the suit to the defendant through a process serving agency of the Family Court, registered post acknowledgement due, electronically or through courier , together with a copy of the plaint, a copy of the Schedule referred to in subsection
(2) of Section 7 of the, Act and copies of the documents and a list of documents referred in subsection (3) of Section 7 of the Act. The Family Court is also required to direct that the notice or summons issued under sub- clause (b) also be served through affixation and shall simultaneously issue a proclamation in a newspaper .
Subsection (2) of Section 8 of the Act mandates that while issuing the notice or summons to a defendant, the Family Court shall require the defendan t to submit a written statement on the day mentioned in the notice or summons.
6. Section 9 of the Act regulates written statement in the suits instituted before the Family Courts. Subsection (1) of Section 9 provides that on the date fixed the defendant shall appear before the Family Court and file the written statement, a list of witnesses and gist of evidence, and in case the written statem ent is not filed, the Family Court may, for any sufficient reasons which prevented the defendant from submitting the written statement, allow the defendant to submit the written statemen t and others documents on the next day which shall not exceed fifteen days from that date. Subsection (5A) of Section 9 of the Act postulates that if the defendant fails to submit on the date fixed the written statement on or before the date under subsection (1), the defense of the defendant shall stand struck of f and the Family Court shall decide the case under the law .
7. Adverting to the facts of this case now, the suit in this case was instituted by respondent No.2 on 18.06.2021 when intimation to the defendant was given in terms of Section 8(1) of the Act and the petitioner was required to attend the court within fifteen days along with written statement by appearing in person or through power of attorney on 07.07.2021 failing which he was warned of ex pane proceedings under the Act. Ow 07.07.2021 affixation of the summons/notices on conspicuous place of the petitioner's house and court premises was ordered to be repeated. On 28.07.2021, the petitioner appeared in person and sought adjournment to file power of attorney as well as written statement. On the next date of hearing i.e. 13.09.2021 adjournment was sought once again, which request was acceded to and last opportunity was granted to the petitioner in the interest of justice to file written statement. Warning was also given that in case of his failure the matter shall be proceeded in accordance with law. On 15.09.2021, when written statement was still not filed despite final opportunity granted to the petitioner , yet absolutely last and final opportunity was granted to the petitioner subject to cost of Rs.500/-and it was made clear that in case of failure the right of the petitioner for filing of written statemen t shall be struck off on the next date of hearing. On 23.09.2021 and 27.09.2021, the presiding officer was on leave, however , nothing stopped the petitioner from filing his written statement yet he failed to do so. Finally , when no written statement was filed even on 05.10.2021, right of the petitioner was struck of f.
8. It is noteworthy that the maximum statutory period prescribed under Section 9(1) of the Act had already expired and the number of opportunities exceeded since long for filing of the written statement. These opportunities and the period were mechanically extended by the learned Judge Family Court in favour of the petitioner without even F recording sufficient reasons which prevented him from submitting the written statement before Section 9(5A) of the Act was finally invoked against him after an adequate warning.
9. It was duty of the petitioner and his counsel to vigilantly follow the dates of hearing and file the written statement within the period prescribed by law much less the extended period granted by the learned Family Court. The plea that the petitioner could not properly pursue the case and failed to appear before the trial court on 05.10.2021 on account of misunderstanding regarding the date of hearing has no merit inasmuc h as in the previous orders final opportunities and absolutely final opportunities had been granted to the petitioner along with warnings as well as cost had been imposed no the petitioner , therefore, the petitioner and his counsel had no lawful excuse whatsoever to be negligent and indolent in noting down the actual date of hearing i.e. 05.10.2021 and filing the written statement.
10. Acceding to the prayer made by the petitioner would tantamount to acting in disregard of the letter and spirit of the Act in particular Sections 7, 8 and 9 thereof. Further , it would defeat the very purpose and object of the Act i.e. expeditious settlement and disposal of disputes relating to marriage and family af fairs.
11. Lastly , the right to fair trial, as enshrined in Article 10A of the Constitution only guarantees a fair opportunity to a defendant to defend himself in a trial for the determination of his civil rights and obligations. The requirement of fairness under the said Article does not warrant grant of numerous opportunities and several months to file written statement that too in disputes relating to marriage and family affairs. Accordingly , the petitioner , who has been granted several opportunities since 28.07.2021 to file his written statement and has failed to do so, has not been able to make out any case for interference of this Court in the order impugned.
12. For the foregoing reasons, this writ petition is dismissed in limine being devoid of any merit.