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Recording of Evidence Through Video Link 2017 PLD Lahore 698

2017 PLD Lahore 698 Recording Evidence Through Video Link

2017 PLD Lahore 698 Evidence Through Video Link, Section 5 schedule, section 11(1-A) of family court act, article 164 of Qanoon-e-Shahdat Order 1984, Article 199 of Constitution of Pakistan petition.. suit for dissolution of Marriage—Recording of statement through video link— Evidence recorded though modern device— Scope—wife filed application for recording her statement through video link which was accepted by the family court—Validity – Family court could regulate its own procedure— violation of undertaking by the party could not deprive court of its jurisdiction— Family court could adopt its own procedure and was not bound by the rigors of civil procedure code 1908— family court could proceed on the premise that every procedure was permissible unless prohibited— evidence received though modern devices was admissible under article 164 of Qanoon-e-Shahadat 1984, however qanoon-e-Shahadat was not strictly applicable to family court but family court was not barred from receiving such evidence under any provision of law — Petitioner for invoking constitutional jurisdiction of High court was bound to show that court below bad exercised jurisdiction not vested in it by law or there was jurisdictional defect in the order impugned or order was illegal or perverse – NO jurisdictional defect has been pointed out in the impugned order passed by the family court – constitutional petitioner was dismissed in the circumstances.

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