MOHZIM ALI DANISH vs FAMILY JUDGE, MUZAFFARABAD S — 2022 MLD 572 SUPREME-COURT-AZAD-KASHMIR

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MOHZIM ALI DANISH VS FAMILY JUDGE, MUZAFFARABAD S.11(2)---Dissolution of marriage---Cruelty, verbal abuse and non-payment of maintenance---Name of witness included in list---Summoning of---Case at post-trial stage---Appellant's applications for summoning of witness were disallowed by Trial Court two times---Both followed by filing Constitutional petitions, which were dismissed by High Court---Appellant contended that name of such witness was included in list of witness; that said witness was real sister of respondent/wife; that she was not allowed by her family members to appear in Court as witness; that impugned judgment of High Court was self-contradictory in nature---Validity---Family Court framed issues---Process of recording evidence had almost been completed and case was at post-trial stage---Appellant filed first application for summoning of witness after period of 8 months from framing of issues which was rejected by Family Court and writ petition was dismissed by High Court---Second application for summoning of the same witness had been filed after period of more than 2 years from framing of issues which was rejected by Trial Court and writ petition was dismissed---Such application was to be filed within 3 days of framing of issues---Appellant had failed to fulfil the basic requirement of filing such application, therefore, in view of the spirit of S.11(2) of Family Courts Act, 1993, question of considering reasons for non-appearance at early stage could not arise---No violation of law/statutory provision/celebrated principle of law was found---Appeal was dismissed accordingly. Head NotesCase Description Citation Name: 2022 MLD 572 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MOHZIM ALI DANISH VS FAMILY JUDGE, MUZAFFARABAD S.11(2)---Suit for dissolution of marriage---Name of witness included in list---Summoning of---Case at post-trial stage---Scope---Clause (2) of S.11, Family Courts Act, 1993, was mandatory in nature and clearly placed embargo upon the Family Court not to summon any witness after framing of issues---If a party wanted to summon a witness through the process of Court, the same had to intimate within 3 days of framing the issues and if the Court was satisfied that it was not possible for such party to produce the witness then such witness might be summoned by the Court. Head NotesCase Description

MOHZIM ALI DANISH vs FAMILY JUDGE, MUZAFFARABAD S — 2022 MLD 572 SUPREME-COURT-AZAD-KASHMIR

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