famous family law case

2019 Y L R 86

QALANDRI BIBI—Petitioner Versus Mst. IRUM BIBI and others—Respondents

Family Courts Act famous family law cases (XXXV of 1964)— —-Ss. 5, Sched. & 18—Suit for dissolution of marriage, recovery of dower, dowry articles, gold ornaments and maintenance allowance by wife against husband, his brother and his mother—Pardanasheen Lady (petitioner ) applied for recording her statement through her special attorney– -Petitioner contended that her application was wrongly dismissed by the Family Court though application of similar nature was accepted— Respondent contended that petitioner had already appeared before the court in other proceedings so her application was rightly dismissed by the Family Court—Validity—Record revealed that the application of the petitioner was rejected on the ground that she could not produce any proof of her ailment—Section 18 of Family Courts Act, 1964 permitted a Pardanasheen lady to be represented by duly authorized agent—When a Pardanasheen lady could be represented before the Court through her authorized agent no embargo could be imposed on recording her statement through her special attorney—Family Court was legally required to have recorded her statement through her special attorney—Computerized National Identity Card of the petitioner also showed that she was an old lady of 79 years which further strengthened her case—Appearance of the petitioner in other proceedings, held, would not debar her to seek such relief in the present proceedings—High Court set aside impugned order directing the Family Court to proceed with the case while recording the statement of the petitioner through her agent—Constitutional petition was allowed accordingly

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