| Case ID |
1543481e-fab6-4bf5-b5d9-45750d2bf7b2 |
| Body |
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| Case Number |
Sh. Appeals Nos.22 to 25 of 2005 |
| Decision Date |
Feb 13, 2007 |
| Hearing Date |
|
| Decision |
The appeals were accepted, and the impugned judgment of the Trial Court dated 30-12-2004 was set aside. The case was remanded back to the Trial Court with directions to decide the matter afresh, ensuring that all evidence presented by both parties is duly considered and appreciated. The Trial Court was criticized for ignoring significant portions of evidence and failing to provide a self-speaking judgment, which is a basic requirement in legal proceedings. The decision emphasized the importance of thorough judicial examination and the necessity for a comprehensive understanding of the evidence presented in family law matters. |
| Summary |
In the case of Mst. Yasmin Akhtar vs. Abdul Mateen Zahid, the Shariat Court of Azad Jammu and Kashmir dealt with appeals regarding the dismissal of suits for dissolution of marriage and recovery of dower and dowry. The court highlighted the critical importance of judicial scrutiny in family law disputes, particularly in relation to the evidence presented. The Trial Court was found to have committed grave illegality by failing to appreciate the evidence adequately, leading to a judgment that could not stand in the eye of law. The appeal underscored the necessity for courts to provide detailed reasoning in their judgments, ensuring that all evidence is considered, thereby reinforcing the principles of justice and fairness in legal proceedings. This case serves as a significant reference point for future family law cases, emphasizing judicial diligence and the proper appreciation of evidence, which are essential for upholding the rights of individuals in marital disputes. Keywords: family law, judicial scrutiny, evidence appreciation, marital disputes, Azad Jammu and Kashmir. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD ASHRAF KHAN, J
|
| Lawyers |
Lakhi Zaman,
Raja Muhammad Perviz
|
| Petitioners |
Mst. YASMIN AKHTAR
|
| Respondents |
ABDUL MATEEN ZAHID
|
| Citations |
2007 SLD 948,
2007 CLC 972
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Family Courts Act (XI of 1993),
Azad Jammu and Kashmir Shariat Courts Ordinance, 1982,
Civil Procedure Code (V of 1908)
|
| Sections |
5,
6,
11,
O.XX, R.5
|