PLJ 1996 FSC 315
Present to: MUHAMMAD RlAZ AKHTAR CHOUDHARY
NOREEN REHMAN
Versus
Raja JAVED AKHTAR
Versus
Raja JAVED AKHTAR
-S. 10 read with Azad Jammu and Kashmir Family Courts
Act, S. 18.-- Suit for dissolution of marriage-Dismissal for non
appearance of appellant-Appeal against-It is not mandatory that parties
should personally appear, but parties can appear through counsel and
statement of counsel on behalf of party can be recorded-S. 18 of
AJ&K Family Courts Act also empowers court to permit any person to
appear before Court through an authorised agent-This section by itself
does not create any obligation to any person to put his appearance
personally-Held : Appellant (Plaintiff) is living in England-She filed
instant suit through her attorney-In presence of her attorney and
Counsel for appellant, lower court has wrongly dismissed suit on basis
of absence of appellant- Plaintiffs appeal accepted case remanded to
trial Court with directions that pre-trial proceedings can be conducted
in presence of attorney of appellant.
Judgement Result: APpeal accepted
