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Writ Petition No. 902 of 1980, decides) on 4t1October, 1980.
_‑ O. X, r. 2‑Oral examination o party by Court‑‑Framing of issues‑ Party called upon by Court to make better statement to enable Court to frame issues properly but failing to appeal‑Inference, held, can be drawn as to such party being not interested in rendering assistance in framing of correct issues‑West Pakistan Family Courts Act (XXXV of 1964), S. 10(4).
Sadiq All v. Mst. Bashir Bibi and another 1979 C L C 647 ; Abdur Rauf N. Mst. Anwar Khatoon P L D 1976 Lab. 1598 ; Lai v. Mst. Inayat Bibi and another P L D 1975 Muhammad Ishaque v. Ch. Ahsan Ahmad, Judge Family Court P L D Lab. 1118 ; Muhammad Sadiq Hussain v. Mst. khurshid Fatima and another 1978 S C M R 130 and Fl.‑Lt. Anwar‑ul‑Hassan ;;iddiqui v. Judge Family Court No. III, Karachi and 2 others P L D 1980 Kar 477 ref.
‑‑ S. 10(2)‑Reconciliation‑Presence of parties, held, necessary for effecting compromise or reconciliation by affording them opportunity to meet each other and to explore possibility of reconciliation ‑‑‑Departure, held further. can be made in given circumstances of a case and such departure would not amount to failure on part of Court to comply with mandatory provinces.
Khalid Mahmood Syed v. Qazi Abbas Bokhari, Judge, Family Court, ,ahore anti .,r rh, , P 1 D 1979 Lab. 217 ref.
‑‑‑‑ S. 10(2)‑Family Court‑‑‑Personal attendance of a party in family Court, held, not indispensable and in given circumstances of a case can be dispensed with.
‑‑‑ S. 10(2)(3)‑‑Irregularity‑Provision, of law under S. 10(2)(3) of Act though mandatory and to be followed in its true spirit, yet violation thereof only an irregularity inviting penalty.
‑‑‑‑‑ S. 10(2)(3)‑Ex parte decree‑Pre‑trial stage‑No provision of Act, held, enables Family Court to pass ex parte decree in case of failure of a party to appear at pre‑trial stage‑[Decree].
Pervaiz Akhtar for Petitioner.
S. Liqa Haider Zaidi for Respondent No. 2.
Date of hearing : 27th September, 1980.
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