Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act, 1993-------S. 5 & Sched.---Suit for restitution of conjugal rights---As long as the marriage between the parties subsisted and no allegation of maltreatment against the husband or any other ground recognised by the Muslim Law for living separately from the husband, was forthcoming the wife was bound to live with her husband, and perform her marital obligations---Decree for the restitution of conjugal rights could not be denied to the husband on the ground that wife did not wish to reside with husband in Azad Kashmir or husband was not issued the visa by the foreign Authorities. Tariq Mahmood v. Mst. Zarda Begum Civil Appeal No.30 of 1995 ref. (b) Azad Jammu and Kashmir Family Courts Act, 1993-- ----S. 5 & Sched.---Dissolution of marriage---Jurisdiction of foreign Court--­County Court of United Kingdom, had no jurisdiction to pass the decree of dissolution of marriage against the husband who was neither citizen nor had ever resided in the United Kingdom---Foreign Court had no jurisdiction over non-resident Pakistani subjects even if law was legislated by British Parliament in that regard---Foreign Court was not legally competent to pass a decree against a person who did not reside within its territorial jurisdiction and was out of its reach. Swindells & Sons v. Haji Muhammad Abdullah PLD 1957 Kar. 933; Maryam Bibi v. Muhammad Iqbal PLD 1976 Azad J&K 9; Ghulam Ahmad v. Dr. Sarosh Rattanji Wadia PLD 1959 Kar. 624; Ramkisan Janakilal v. Seth Harmukharai Lachminarayan AIR 1955 Nag. 103 and Andhra Bank Ltd. v. R. Srinivasan AIR 1962 SC 232 ref. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.--- This appeal has been preferred against the judgment and decree of the Shariat Court, dated 13-3-2000, whereby the appeal filed by the appellant, herein, was dismissed and the judgment and decree of the Family Court dismissing the suit for the restitution of conjugal rights filed by the appellant was upheld. 2. The brief facts of the case are that the appellant and respondent No.l were married on 20-11-1992 in lieu of dower Rs.50,000 at Bankhurman; District Mirpur, Az4d Kashmir. The appellant filed a suit in the Family…

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