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MUHAMMAD NADEEM versus JUDGE FAMILY COURT


Sections 17A, 11, 9 and 5 Constitution of Pakistan, Arts 199 and 10A Constitutional petition for restoration allowance and the suit family court filed and examined the husband's (applicant) written statement to his wife's witnesses. Has ruined the rights of The husband's position was that because of his failure to file a written statement, the Family Court could not deny him the right to examine his wife's testimony. Waldetti Family Court upheld the right to file a husband's written statement. Contrary to the provisions of the West Pakistan Family Courts Act, 1964, there was no provision to abolish the right to file a written statement in the Act, under section 17A of the Act. Was for maintenance If the husband fails to file a written statement pursuant to the Family Court order, the Family Court may withhold his defense. And then the case will proceed with the evidence and in accordance with the provisions of Section 11 of the Act, the wife will guide the evidence when recording the evidence, the husband who did not enter his written statement will be examined by the wife's witnesses. Had the right to investigate. This right was a valuable right and it was filed in section 11 (3) of the West Pakistan Family Courts Act, 1964. In the present case, the Family Court may reject the husband's written statement, the right to self-defense, but May be. His refusal to close his right to inquire into the wife's testimony states that the procedure adopted by the Family Court would be against the right to an unfair and impartial trial. High Court remands case to family court

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