| Case ID |
0be268a6-92e0-4550-be1d-46b11ecb8e75 |
| Body |
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| Case Number |
W.P. No. 1483 of 2013 |
| Decision Date |
Jan 22, 2015 |
| Hearing Date |
Jan 22, 2015 |
| Decision |
The Family Court's decision to allow the amendment application for adding a minor as a plaintiff was upheld. The court emphasized that the Family Court possesses exclusive jurisdiction over matters related to family law, such as maintenance and custody, and is not strictly bound by the Civil Procedure Code. The court noted that the husband has a legal obligation to support his family, including the genuine needs of a child. The petitioner's argument that the amendment changed the nature of the suit was dismissed, reinforcing the Family Court's discretionary powers to allow necessary amendments for the case's resolution. |
| Summary |
This case revolves around a writ petition filed under Section 44 of the AJ&K Interim Constitution Act, 1974, concerning the Family Court's decision to allow an amendment to include a minor in a maintenance suit. The court underscored the Family Court's jurisdiction over family law matters, emphasizing the principles of justice and equity. The ruling highlighted the father's obligations to provide for his family and reinforced the Family Court's flexibility in procedural matters, allowing necessary amendments to facilitate the swift resolution of family disputes. The case illustrates the intersection of family law and procedural justice within the context of the AJ&K legal framework, making it a pivotal reference for similar cases. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR ABDUL HAMEED KHAN, J.
|
| Lawyers |
Raja Zulqarnain Khan,
Ch. Muhammad Mumtaz
|
| Petitioners |
RASHID SHAMIM
|
| Respondents |
3 others,
JUDGE FAMILY COURT/CIVIL JUDGE COURT NO. II, NEW DISTRICT COMPLEX, MUZAFFARABAD
|
| Citations |
2016 SLD 1489,
2016 PLJ 52
|
| Other Citations |
2005 SCR 37,
1999 CLC 81,
1983 CLC 3305,
PLJ 2012 SC (AJ&K) 169
|
| Laws Involved |
Civil Procedure Code, 1908,
AJ&K Family Courts Act, 1993,
AJ&K Interim Constitution Act, 1974
|
| Sections |
V,
5,
44
|