| Case ID |
3245514d-686b-4144-93f9-f69f0d3ec762 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 16 of 2005 and Civil Appeal No. 8 |
| Decision Date |
Nov 23, 2006 |
| Hearing Date |
|
| Decision |
In this case, the court ruled that the non-compliance with Rule 3(1) of the AJ&K Family Courts Rules does not invalidate the proceedings, as no penalty is prescribed for such non-compliance. The appeals were accepted, and the previous dismissals of the suits were set aside, allowing the Family Court to proceed further with the cases after affording an opportunity for hearing to the parties. The court emphasized that a statute must be read as a whole, explaining that the requirement for a plaint to be signed and verified is directory rather than mandatory. |
| Summary |
This case involves appeals concerning the dismissal of suits filed by Mst. Kousar Begum and Muhammad Ishfaq Khan due to unsigned and unverified plaints. The court analyzed the AJ&K Family Courts Act and the Family Court Procedure Rules, determining that the absence of a signature and verification does not automatically lead to the dismissal of a case. The judgment highlights the importance of interpreting statutes in a harmonious manner, emphasizing that the procedural rules are directory in nature. The decision sets a precedent for future cases regarding the interpretation of procedural compliance in family court matters, ensuring that litigants are not unduly penalized for technical non-compliance where no express penalty is provided. Keywords: Family Court, AJ&K Law, Procedural Rules, Legal Compliance, Court Decision. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR HUSSAIN BUTT, J
|
| Lawyers |
Mr. Muhammad Asif Kayani, Advocate,
Sardar Khan, Advocate,
Sardar Nazar Muhammad Khan, Advocate
|
| Petitioners |
,
Mst. KOUSAR BEGUM
|
| Respondents |
,
MATLOOB HUSSAIN SHAH
|
| Citations |
2007 SLD 3479,
2007 PLJ 23
|
| Other Citations |
PLD 1974 B.J. 4,
PLD 1987 Karachi 926,
1996 SCR 281,
1997 SCR 23,
PLD 1992 302
|
| Laws Involved |
AJ&K Family Courts Act (XI of 1993),
AJ&K Family Court Procedure Rules, 1998,
Civil Procedure Code (V of 1908)
|
| Sections |
7,
7(1),
10(3),
12,
22,
3(1),
O.XIV, R. 1 & 3
|