| Case ID |
2d062a9f-0bf7-4859-88f5-4cd7dce17910 |
| Body |
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| Case Number |
Civil Appeal No. 25 of 2003 |
| Decision Date |
Feb 26, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Azad Jammu and Kashmir set aside the Shariat Court's decision and restored the judgment and decree passed by the Family Court, allowing past maintenance for a period of six years, amounting to Rs. 72,000. The court found that while the Family Court's findings were based on evidence and due appreciation of the law, the Shariat Court failed to uphold these findings, particularly regarding the limitation period for maintenance claims. The ruling emphasized that there was no specific provision for the limitation of maintenance claims, thus invoking the residuary Article 120 of the Limitation Act, which prescribes a six-year limitation period. |
| Summary |
This case addresses the legal principles surrounding the entitlement to past maintenance under the Azad Jammu and Kashmir Family Courts Act, 1993 and the Limitation Act (IX of 1908). The Supreme Court ruled that while the Family Court had appropriately granted maintenance for ten years based on evidence, the Shariat Court incorrectly set aside this ruling based on claims of non-maintenance and the appellant's alleged unwillingness to live with the respondent. This case underscores the significance of adhering to established legal precedents and the necessity of considering the proper limitation period for maintenance suits. It reinforces the importance of the Family Courts Act in adjudicating matters related to family maintenance, affirming the need for due diligence in the assessment of claims. Keywords: maintenance law, family court, limitation period, legal principles, past maintenance claims. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA MUHAMMAD SAEED,
CHAUHDARY MUHAMMAD TAJ
|
| Lawyers |
Ch. Ali Muhammad,
Mr. Muzaffar Ali Zaffar,
Syed Nishat Kazmi Advocate
|
| Petitioners |
MST. ZAIBUN
|
| Respondents |
MEHRBAN
|
| Citations |
2004 SLD 2984,
2004 PLD 25
|
| Other Citations |
Abdul Rehman v. Mst. Khatoon and 2 others 1989 CLC 1979,
Muhammad Saleem v. Additional District Judge (V), Rahim Yar Khan 1988 CLC 1134,
Mehboob Ali v. Mst. Mubina Khatoon and 2 others PLD 1977 Kar. 558,
Munshi v. Mst. Rashida Bibi 1972 PCr.L.J 1311,
Mst. Hanifa Bai v. Muhammad Moosa and others PLD 1998 Kar, 234,
Muhammad Aslam v. Mst. Zainab Bibi and 3 others 1990 CLC 934,
Mst. Reshman Bibi v. Muhammad Shafi PLD 1967 AJK 32
|
| Laws Involved |
Azad Jammu and Kashmir Family Courts Act, 1993,
Limitation Act (IX of 1908)
|
| Sections |
S.5,
Art. 120
|