Under section 5, 10 and 18 of Family court Act 1964.. suit for dissolution of marriage by wife… failure of wife to appear before the family court in pre-trial proceeding— effect—wife failed to appear before the family court in pre-trial proceedings and her suit was dismissed— validity—plaintiff wife was a Canadian citizen and she did not reside in Pakistan— wife had filed suit through her attorney who was her maternal uncle— appearance before the family court through agent was permissible and if plaintiff did not appear before the family court then no adverse inference could be drawn against her— even if plaintiff did not appear in spite of direction by the family court for the participation in reconciliation proceedings her suit could not be dismissed for non-prosecution—family court could presume from such conduct of wife that she was not interested in reconciliation proceedings— if family court was of the view that wife wish with regard to reconciliation proceedings should be found out by asking her personally then it could have proceeded to ascertain such fact through video link—family court had misdirected itself while dismissing the suit fo the wife in default on account of her failure to appear in the pre-trial proceedings— Impugned order being illegal and against natural justice was set aside—Matter was remanded to the family court with direction to adopt proper procedure of law and decide the same on merits within specified period.. constitutional petition was disposed of in circumstances.

2017 CLC 1718 Sindh