MUSHIR AHMAD versus STATE
Articles 5 and 9 (5) of the West Pakistan Family Court Act 1964 constitute Pakistan (1973), Article 199, the Constitutional application for dissolution of the marriage, the defendant withdraws from defense because of the absence of the defendant and not presenting a written statement. The date appeared but the Presiding Officer was on leave, the case was adjourned for the next specific date, the court was on session on that date but the defendant did not present nor any written statement was filed by him, The result was that his defense went off the record. Do not suggest that the defendant had sought an adjournment to file a written statement; instead of restricting the court's defense of the defendant, which was not guaranteed, the plaintiff's former parliament of section 9 (5) Should the proceedings be taken, the West Pakistan Family Courts Act, 1964, stipulate that if the plaintiff failed to appear on the date set by the Family Court, the court should proceed with the previous case. The hearing appears on the date of adjournment or before such hearing and gives a good reason for not presenting it, it should be heard in response to the case as it appeared on the scheduled day for hearing. Yes, while the course taken by the court while defending itself was not guaranteed by the law order in the case, the trial court was instructed to stop the defendant's defense in presenting his written statement to the defendant. Allow and then prosecute according to law.
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