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Initializing Secure Chambers
Petitioner: SHER SHAH VS Respondent: Mst. RANI BEGUM and 5 others
Court Name: Lahore High Court Judge(s): S. Ali Hassan Rizvi Title: SHER SHAH vs Mst. RANI BEGUM and 5 others Case No.: Writ Petition No,3163 of 2009 Date of Judgment:2009-02-19 Reported As: 2010 YLR 308 Result: Petition dismissed
Judgment ORDER ' S. ALI HASSAN RIZVI, J.---The order dated 10-2-2009 passed by the learned Judge Family Court, Kasur (respondent No,6 herein) has been challenged on the ground that right of cross-examining the witnesses produced by the plaintiff/respondents Nos.1 to 5 could not have been closed. According to learned counsel, no reasonable opportunity was granted to cross-examine them. 2. Perusal of the order-sheet reveals that on 14-1-2009 affidavit Exhs.P1 and P2 were filed and next date (21-1-2009) was fixed giving an opportunity to cross-examine them. On the said date, yet another opportunity was granted for cross-examination of the witnesses adjourned the case to 10- 2-2009. On 10-2-2009, the witnesses were not cross-examined and the learned Judge, Family Court had passed the impugned order closing the right of cross-examination. Order passed by the learned Judge, Family Court is clothed with authority. There is no law debarring the closure of right of cross-examination even on the first date if no reasonable cause is shown for adjournment. The scheme of family laws is to dispose of family cases expeditiously. The petitioner should have been careful to avail the opportunity for cross-examination of the witnesses. He failed to do so. In writ jurisdiction, this Court is not called upon to interfere with the orders, which are passed with lawful authority. I, therefore, dismiss the instant writ petition in limine.
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