Written statement. In family suits

Written statement. In family suits.

*[9. Written statement. (1) On the date fixed under clause (a) of sub‑section (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that each witness is expected to give.

"(la) A defendant husband may, where no earlier suit for restitution of conjugal rights is pending, claim for a decree of restitution of conjugal rights in his written statement to a suit for dissolution of marriage or maintenance, which shall be deemed as a plaint and no separate suit shall lie for it.

(1b) A defendant wife 'may, in the written statement to a suit for restitution of conjugal rights, make a claim for dissolution of marriage including Khula' hic shall be deemed as a plaint and no separate suit shall lie for it:

Provided that the proviso to subsection (4) of section 10 shall apply where the decree for dissolution of marriage is to be assed on the ground of khula.

* Subs. by West Pakistan Act, I of 1969, S. 5.

(2) Where a defendant relies upon a document in his possession or power, he shall produce it or a copy thereof in the Court alongwith the written statement.

(3) Where he relies on any other document not in his possession or power as evidence in support of his written statement, giving reasons of relevancy of these documents to the defence in the written statement he shall enter such documents in a list to be appended to the written statement.

(4) Copies of the written statement, list of witnesses and precis of evidence referred to in sub‑section (1) and the documents referred to in sub­section (2) shall he given to the plaintiff, his agent or advocate present in the Court.

(5) If the defendant fails to appear on the date fixed by the Family Court for his appearance then:‑‑

(a) if it is proved that the summons or notice was duly serve on the defendant, the Family Court may proceed ex parte:

Provided that where the Family Court has adjourned the hearing of the suit ex pane, and the defendant at or before such hearing appears and assigns good cause for his previous non‑appearance, he may, upon such terms as the Family Court directs, be heard in answer to the suit as if he had appeared on the day fixed for his appearance; and

(b) if it is not proved that the defendant was duly served as provided in sub‑section (4) of section 8, the Family Court shall issue fresh summons and notice to the defendant and cause the same to be served in the manner provided in clauses (b) and (c) of sub‑section (1) of section 8.

(6) In any case in which a decree is passed ex pane against a defendant under his Act, he may apply within reasonable time of the passing thirty days of the service of notice under subsection (7) of the passing of the decree thereof, to the Family Court by which the decree was passed for an order to set it aside, and if he satisfies the Family Court that he was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was heard or called for hearing, the Family Court shall, after service of notice on the plaintiff, on such terms as to cost as it deems fit, make an order for setting aside the decree as against him and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only„ it may be set aside against all or any of the other defendant also.'

"(7) The notice of passing of the exparte decree referred to in subsection (6) shall be sent, to the defendant by the Family Court together with a certified copy of the decree within three days of the passing of the decree, through process server or by registered post, acknowledgement due, or thro 7h courier service or any other mode or manner as it may deem tit.

(8) Service of notice and its accompaniment in the manner provided in subsection

(7) shall be deemed to be due service of the notice and decree on the defendant. .