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The Family Courts Ordinance, 1985

( Ordinance NO. XVIII OF 1985 )

[ 30th March, 1985 ]

Written statement
8. (1) On the date fixed for the appearance of the defendant, the plaintiff and the defendant shall appear before the Family Court and the defendant shall present a written statement of his defence 1[:
 
 
 
 
Provided that the Court may, on the prayer of the defendant and for good cause shown, fix another date not beyond twenty-one days for the presentation of the written statement of his defence.]
 
 
 
 
(2) The written statement shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the defence 2[* * * ]:
 
 
 
 
Provided that the defendant may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.
 
 
(3) Where the defendant relies upon a document in his possession or power as evidence in support of his defence, he shall produce it in the Court when the written statement is presented and shall at the same time deliver the document or a
 
 
true or photostat copy thereof to be filed with the written statement 3[and shall also enter such documents in a list to be added or annexed to the written statement].
 
 
 
 
(4) Where the defendant relies upon a document not in his possession or power as evidence in support of his written statement, he shall enter such document in a list to be added or annexed to the written statement and state in whose possession or power it is.
 
 
 
 
4[(5) The written statement shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (3) and (4), as there are plaintiffs in the suit.]
 
 
 
 
(6) Copies of the written statement, including the schedule, the documents and the list of documents referred to in sub-section (5) shall be given to the plaintiff, his agent or advocate present in the Court.
 
 
 
 
5[(7) A document which ought to be produced in Court by the defendant when the written statement is presented, or to be entered in the list to be added or annexed to the written statement, and which is not produced or entered accordingly shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit:
 
 
 
 
Provided that the Court shall not grant such leave save in exceptional circumstances.]
  • 1
    The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
  • 2
    The words “and a brief summary of the facts to which they would depose” were omitted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
  • 3
    The words “and shall also enter such documents in a list to be added or annexed to the written statement” were inserted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
  • 4
    Sub-section (5) was substituted by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
  • 5
    Sub-section (7) was added by section 5 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
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