RECORDING OF EVIDENCE THROUGH COMMISSION IN FAMILY CASES

Evidence through attorney in a case of recovery of dowry articles
-Principle--If attorney was well conversant with all facts of case, there was no legal bar in West Pakistan Family Courts Act, 1964, whereby any of the parties could be deprived from appointing an attorney, if the party was not available due to reason beyond his control---Legislature enacted provisions of S.18 in West Pakistan Family Courts Act, 1964, keeping in view only the matters relating to dissolution of marriage, dower, maintenance, restitution of conjugal rights and custody of children---Provisions of S.18 of West Pakistan Family Courts Act, 1964, were meant for such category of cases where personal appearance of spouses was essential enabling court to apprise itself of the real controversy/differences between the parties and for such purpose a mandatory provision of reconciliation was also included in West Pakistan Family Courts Act, 1964---recovery of dowry articles was a civil liability which was included in Schedule of West Pakistan Family Courts Act, 1964---Provisions of S.18 of West Pakistan Family Courts Act, 1964, were just enabling provisions and husband could not be deprived to defend the suit against him through his attorney--2012 PLD 408 LAHORE-HIGH-COURT-LAHORE