| Case ID |
1596ac4c-d4b0-434b-88c8-c7f76448102b |
| Body |
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| Case Number |
Civil Appeal No. 72 of 2012 |
| Decision Date |
Jul 03, 2012 |
| Hearing Date |
Jun 29, 2012 |
| Decision |
The appeal was dismissed as the appellant failed to demonstrate any violation of the Family Courts Act or the rules. The Supreme Court upheld the High Court's decision, stating that while provisions of the Civil Procedure Code do not apply to Family Court proceedings, the court retains inherent authority to ensure justice. The court ordered the defendant to pay witness expenses due to the absence of his counsel, which was deemed necessary to uphold the principles of natural justice. |
| Summary |
This case revolves around the procedural aspects of witness expenses in Family Court proceedings in AJ&K. The Supreme Court examined the inherent powers of Family Courts under the AJ&K Family Courts Act, 1993, and the applicability of the Civil Procedure Code and Qanun-e-Shahadat Order. It emphasized that while specific provisions may not be applicable, courts have the authority to make orders that ensure justice and uphold natural justice principles. The ruling reinforces the importance of timely legal representation and the court's role in facilitating fair proceedings. The decision highlights the delicate balance between statutory provisions and judicial discretion in family law cases, ensuring that the rights of parties are protected even in the absence of explicit statutory guidance. This case serves as a precedent for similar future cases, emphasizing the need for legal counsel to be present and prepared to avoid unnecessary delays and complications. The implications of this ruling extend to the broader understanding of family law procedures in AJ&K, offering clarity on the responsibilities of defendants and the judicial system's commitment to justice. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAZ AZAM KHAN, C.J.,
RAJA SAEED AKRAM KHAN, J.
|
| Lawyers |
Mr. Javaid Najamus-Saqib, Advocate for Appellant,
Sardar Muhammad Ejaz Nazir, Advocate for Respondent No. 2
|
| Petitioners |
WAJID HUSSAIN
|
| Respondents |
,
SENIOR CIVIL JUDGE MIRPUR, AJ&K
|
| Citations |
2013 SLD 930,
2013 PLJ 29
|
| Other Citations |
2011 SCR 371,
2004 SCMR 649,
2006 SCR 120,
AIR 1956 SC 116
|
| Laws Involved |
Constitution of Pakistan, 1973,
AJ&K Family Courts Act, 1993,
Qanun-e-Shahadat Order, 1984,
Civil Procedure Code, 1908,
AJK Interim Constitution Act, 1974
|
| Sections |
44,
11,
17,
44
|