| Case ID |
d88c3a89-df7a-4e3b-b305-151129faac25 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 161 of 2013 and 3114 of 2016 |
| Decision Date |
Jul 05, 2018 |
| Hearing Date |
|
| Decision |
The High Court of Azad Jammu and Kashmir ruled on the execution of foreign decrees in the context of the Azad Jammu and Kashmir Family Courts Act and the Civil Procedure Code. It was determined that decrees passed by Pakistani courts could be executed in Azad Jammu and Kashmir under certain conditions, particularly when the defendant had voluntarily submitted to the jurisdiction of the foreign court. The court directed the Family Court in Muzaffarabad to proceed with the execution of the decree passed by the Family Court in Peshawar in favor of Mst. Saba Yasir while restraining the execution of an ex-parte decree of maintenance allowance passed in Lahore against Mushtaq Hussain. The decision emphasized the importance of jurisdiction and the inherent powers of the Family Court in ensuring justice. |
| Summary |
In the case of Mst. Saba Yasir v. SENIOR CIVIL JUDGE, MUZAFFARABAD, and others, the High Court of Azad Jammu and Kashmir addressed the complexities surrounding the execution of foreign decrees, specifically in the context of family law. The court examined the interaction between the Azad Jammu and Kashmir Family Courts Act, 1993, the Family Courts Act, 1964, and the Civil Procedure Code, 1908. The legal principles established in this case clarify the conditions under which decrees from Pakistani courts can be executed in Azad Jammu and Kashmir, especially when the defendant has participated in the proceedings and submitted to the court's jurisdiction. This landmark decision reinforces the framework for handling family law disputes and the execution of maintenance decrees, providing clarity for future cases involving similar legal questions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
AZHAR SALEEM BABAR,
JUSTICE MUHAMMAD SHERAZ KIANI,
JUSTICE SABA YASIR
|
| Lawyers |
Fayyaz Ahmad Janjua,
Chaudhary Shaukat Aziz,
Sardar M.R. Khan,
Shahid Ali Awan
|
| Petitioners |
Yasir Bashir,
Mst. Saba Yasir
|
| Respondents |
Mst. Munazza Waris,
Mushtaq Hussain,
SENIOR CIVIL JUDGE, MUZAFFARABAD
|
| Citations |
2018 SLD 2375,
2018 PLD 25
|
| Other Citations |
Karim Haider Shah and another v. Raja Khanizaman Khan and another PLD 1954 AJ&K 1,
Lakhpat Rai Sharma v. Atma Singh AIR 1962 Punjab 228,
Mst. Maryam Bibi and others v. Muhammad Iqbal and others PLD 1976 AJ&K 9,
Dr. Padmini Mishra v. Dr. Ramesh Chandra Mishra AIR 1991 Orissa 263,
Nasir Pervaiz v. Shazia Qayyum and 2 others 2001 CLC (SC AJK) 1072,
Muhammad Sadiq v. Dr. Sabira Sultana 2002 SCMR 1950,
Akhtar Ali Said Bcha v. Mst. Naheed Bibi PLD 2003 Pesh. 63,
Abdul Khaliq v. Sidra Khaliq and 3 others 2014 SCR 280,
Abdul Ghani v. Haji Saley Muhammad PLD 1960 Kar. 594,
Tariq Mahmood v. Mst. Zarda Begum and another 1995 CLC 1102,
Grosvenor Casino Limited, Shahram-E-Kamal Ataturk, Karachi v. Abdul Malik Badruddin 1997 SCMR 323,
Chormal Balchand Firm, Chowrahat v. Kasuri Chand Seraoji and another AIR 1938 Cal. 511,
Shaliq Ram v. Firm Daulat Ram AIR 1967 SC 739,
Robeena Fazil v. Yasin Khan 2005 SCR 37,
Mst. Saima Tabassum v. Syed Sher Shah and 3 others 2016 MLD 1430,
Noor Hussain v. The State PLD 1966 SC 88,
Commission Income Tax AJ&K, Muzaffarabad v. Messrs Haji Ali Khan and Co. Forest Lessee Havelian PLD 1985 SC (AJK) 62,
Mian Nazir Ahmad v. Abdur Rashid Qaureshi 1986 CLC (AJK) 1309,
Hasham Issaq v. Karachi Gas Company Ltd. PLD 1969 Kar. 109,
Muhammad Siddique Rathore v. Muhammad Muzaffar Khan PLD 2005 (AJK) 1 per incuram
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| Laws Involved |
Azad Jammu and Kashmir Family Courts Act, 1993,
Family Courts Act, 1964,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
17,
5,
2(5)(6),
13,
14,
46
|