| Case ID |
0ae88282-e765-4414-bc0f-b434b984baed |
| Body |
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| Case Number |
Writ Petition No. 39-A of 2017 |
| Decision Date |
Jul 26, 2017 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition filed by the petitioner seeking to produce additional evidence after a significant delay. The Court found that the petitioner had already presented a list of twelve witnesses but had only produced three. Furthermore, the request to include additional witnesses was made two years after the initial list was submitted, without providing a valid justification for the omission. The Court emphasized that allowing such a request at this late stage would unnecessarily delay the proceedings and was not in line with legal principles. Consequently, the Court concluded that the writ petition lacked merit and dismissed it. |
| Summary |
In the case of Writ Petition No. 39-A of 2017, the Peshawar High Court addressed issues relating to the Family Courts Act of 1964, specifically focusing on the procedural aspects of presenting evidence in family law cases. The petitioner, represented by Khurshid Alam Khan, sought to introduce additional witnesses to support a claim for maintenance allowance for minors. However, the Court noted that the petitioner had failed to include these witnesses in the original list provided two years prior and did not demonstrate any compelling reason for this oversight. The Court ruled that allowing the introduction of new evidence at such a late stage would only serve to delay the case further, which was not acceptable under the law. As a result, the petition was dismissed, highlighting the importance of timely and complete submissions in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
SYED MUHAMMAD ATTIQUE SHAH,
MUHAMMAD AZEEM
|
| Lawyers |
Khurshid Alam Khan,
Malik Wali Sultan
|
| Petitioners |
|
| Respondents |
OTHERS,
MST. NASREEN BIBI
|
| Citations |
2018 SLD 879,
2018 YLR 761
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5
|