| Case ID |
14c2da8c-d951-4d87-bb3b-39d20d29a9de |
| Body |
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| Case Number |
Civil Appeals Nos. 135, 200, 201 and 201(sic) of 2 |
| Decision Date |
Dec 17, 2018 |
| Hearing Date |
Dec 04, 2018 |
| Decision |
The Supreme Court of Azad Jammu and Kashmir ruled on the maintainability of appeals arising from family disputes under the Azad Jammu and Kashmir Family Courts Act, 1993. The Court emphasized that the purpose of the Family Courts is to expedite the resolution of family disputes. It clarified that appeals under Section 14(5) of the Family Courts Act could only be filed with the grant of leave on substantial questions of public importance. The Court directed the government to amend Section 8 of the Shariat Appellate Bench Act in a manner that preserves the appeal procedures under Section 14(5) of the Family Courts Act, ensuring that the rights of women and children are safeguarded from frivolous litigation. The Court maintained that the provisions of the Family Courts Act have not been repealed and continue to hold relevance. |
| Summary |
This case revolves around the interpretation of the Azad Jammu and Kashmir Family Courts Act, 1993, and its relation to the Azad Jammu and Kashmir Constitution of Shariat Appellate Bench of the High Court Act, 2017. The Supreme Court addressed the complexities arising from appeals in family matters and the legal framework governing them. The Court highlighted the need for expeditious resolution of family disputes, emphasizing the importance of substantial questions of law in the appeals process. The ruling reinforces the significance of the Family Courts Act in protecting the rights of litigants, particularly women and children, from unnecessary delays and frivolous claims. The decision underscores the importance of legislative clarity and the role of the judiciary in interpreting laws to uphold justice in family matters. The Supreme Court's decision serves as a precedent for future cases involving family law and appeals, ensuring that the intent of the legislature in establishing family courts is honored and that the procedural nuances are respected. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN,
JUSTICE GHULAM MUSTAFA MUGHAL,
JUSTICE MUHAMMAD AJMAL QURESHI
|
| Lawyers |
Shehzad Shafi Awan,
Ch. Muhammad Mumtaz,
Sakhawat Hussain Awan,
Muhammad Noorullah Qureshi,
Ch. Shoukat Aziz,
Sardar Karam Dad Khan,
Raja Muhammad Hanif Khan,
Raja Abrar Hussain,
Miss Bilqees Rasheed Minhas
|
| Petitioners |
TAHIRA AZIZ,
KHUSHHAL QURESHI,
NAZIA BIBI
|
| Respondents |
BABAR TAJ,
ABIDA
|
| Citations |
2019 SLD 3362,
2019 YLR 1560
|
| Other Citations |
Maj. Mehtab Khan v. The Rehabilitation Authority and another PLD 1973 SC 451,
Tanveer Hussain v. Divisional Superintendent, Pakistan Railways and 2 others PLD 2006 SC 249,
Ahmad Khan Niazi v. Town Municipal Administration, Lahore through Town Municipal Officer and 2 others PLD 2009 Lah. 657,
Nanni Sultana v. Tanveer Ahmad and another 2007 SCR 317,
Malick Hussain Shah v. Superintendent of Police Rangers 2014 SCR 1120,
Muhamad Sabir v. Muhammad Zaman and 2 others PLD 1996 SC AJK 1,
Azad Government and 3 others v. Genuine Rights Commission AJK and 7 others 1999 MLD 268,
Muhammad Khurshid Khan v. Muhammad Basharat and another PLD 2007 SC (AJK) 27
|
| Laws Involved |
Azad Jammu and Kashmir Family Courts Act, 1993,
Azad Jammu and Kashmir Constitution of Shariat Appellate Bench of the High Court Act, 2017
|
| Sections |
5,
Schedule,
14(5),
8
|