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The Family Courts Ordinance, 1985

( Ordinance NO. XVIII OF 1985 )

Recording of evidence
12. (1) On the date fixed for recording of the evidence, the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.
(2) The Court shall not issue any summons for the appearance of a witness for any party, unless, within three days of the framing of issues, the party intimates the Court that it desires the witness to be summoned through the Court and the Court is satisfied that it is not possible or practicable for the party to produce the witness.
(3) The witnesses shall give evidence in their own words and may be cross-examined and re-examined.
(4) The Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or be needlessly offensive in form.
(5) The Court may, if it so deems fit, put any question to any witness for the purpose of elucidation of any point which it considers material in the case.
(6) The Court may permit the evidence of any witness to be given by means of affidavit:
Provided that the Court may, if it so deems fit, call such witness for the purpose of examination.
(7) The evidence of each witness shall be taken down in writing, in the language of the Court, by the presiding Judge of the Court and shall be signed by such Judge.
(8) Where the evidence of a witness is given in any language other than the language of the Court, the presiding Judge may take it down in that language, if possible, and an authenticated translation of such evidence in the language of the Court shall form a part of record.
(9) When the evidence of a witness is taken down, it shall be read over to him and shall, if necessary, be corrected.
(10) If the witness does not accept the correctness of any part of the evidence, the presiding Judge may, instead of correcting the evidence, make a memorandum of the objection made by the witness, and shall add such remarks as he thinks necessary.
(11) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand that language, the evidence shall be interpreted to him in the language in which it was given or in a language which he understands.

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