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NIJAT ALI vs ASMAT ARA S — 2022 CLC 479 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 479 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
NIJAT ALI vs ASMAT ARA S
Subject matter
Civil
Provisions referred to
S. 9---W; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NIJAT ALI VS ASMAT ARA S.9---Written statement---Scope---Specific mechanism is provided in the Family Courts Act, 1964, for settlement of disputes relating to marriage and family affairs and also other ancillary matters connected therewith---Basic object of the Family Courts Act, 1964 is to facilitate the party seeking their rights, to provide justice and to curtail insufficient delay in legal and procedural formalities as the Act does not intend to create hurdles, problems and difficulties for spouses or for the Courts dealing with their matters---Section 9(5) of the Family Courts Act, 1964, envisages that when the defendant does not appear on the date fixed by the Court, he would be proceeded ex parte---Section 9(5) provides that in case when the defendant is proceeded ex parte and on showing or assigning good cause or reasons for his non-appearance, ex parte proceedings are set aside---Section 9(6) of the Act provides the period within which the application for setting aside of ex parte decree can be filed and when it is proved that either the defendant was not served properly or he was prevented by sufficient cause from appearing, when the suit was heard or called for hearing, the Court shall set aside the ex parte decree. Head Notes

Other judgments reported in 2022 CLC

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