Family-Appeal
Purpose: To impugn an order of family-court, whereby the right of filing of the written statement of the defendant.
Appellate Court: District Judge
Appellant: Defendant of family-suit.
Versus
Respondent/s: Plaintiffs of the family- suit.
APPEAL U/S XIV OF THE FAMILY COURT ACT-1964 AGAINST THE
IMPUGNED ORDER DATED 10.10.2021 PASSED BY THE LEARNED CIVIL JUDGE, FAMILY
COURT, WHEREBY THE LEARNED JUDGE FAMILY COURT, CLOSED THE RIGHT OF FILING OF WRITTEN
STATEMENT OF DEFENDANT/ APPELLANT
Respectfully
Sheweth:-
That respondent
No. 2 is minor and impleaded the instant appeal through respondent No. 1, who
is the real mother of respondent No. 2.
That the
respondents filed a suit for recovery of maintenance and recovery of medical
expenses etc against the present appellant, which suit was ultimately entrusted
to the court of learned judge family court.
That the
learned family court summoned the present appellant upon which, the appellant
appeared before the learned family court on each and every date himself as well
as through his counsel.
That the
appellant is serving ASI in Punjab police and presently posted in the police
station and on 10.10.2021, the appellant remained busy in a departmental
examination conducted by the Punjab police, therefore, on the said, the
appellant could not appear and submit his written statement before the learned
family court and subsequently, the learned family court closed the right of
filing of a written statement of the appellant vide order dated 10.10.2021,
hence this family appeal U-S XIV of the family Act-1964 inter alia on
following: -
G R O U N D S
That the
impugned order dated 10.10.2021 is against the law, facts, and circumstances of
the matter.
That the
learned family court did not bother to examine this aspect of the matter that
the appellant appeared before the trial court on each and every date through
his counsel as well as himself but on the said date, he could not appear and
submit his written statement due to official engagement and passed the impugned
order dated 10.10.2021 in a hasty manner.
That the
learned trial court also ignored the fact that the appellant being law-abiding
citizen remained present before the learned trial court on every date of
hearing and passed the impugned order without applying its judicial mind.
That it is a settled
principle of law that reasonable opportunity should be given to the parties to
prove their case but in the instant case, the learned trial court did not give
any weightage to this principle while passing the impugned order dated 10.10.2021.
That the
valuable rights of the appellant are involved in the instant matter and if the
impugned order dated 10.10.2021 is not set aside and the appellant is not given
the opportunity to contest the suit, then the appellant shall suffer an
irreparable loss.
That it is the basic
principle of law laid down by the apex courts, that the matter should be
decided on merits rather than technicalities.
That no just
and legal decision will be passed in this case if the appellant will not be
given the right to file the written statement and to contest the instant case.
PRAYER:
In view of the
above circumstances, it is, most respectfully prayed that the instant appeal
may kindly be accepted and the impugned order dated 10.10.2021 passed by Miss Mehar
U Nisa, learned judge family court, Rawalpindi may kindly be set aside and the
appellant be given the right of filing of the written statement, in the
interest of justice.
Any other
relief which this Hon’ble court deems just and proper may also be awarded.
Petitioner Through Counsel
Dated☹__)
Certificate: -
Certified as per instructions furnished by the petitioner this is the
first appeal on the subject ever moved before this Hon’ble Court.
…Counsel
Note:
To file the appeal under the limit prescribed in the limitation act.
To club an application for suspension of the operation of the impugned order and for a stay of proceeding of the trial court.
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