Law:

Section:

Azad Jammu and Kashmir Family Courts Act (IX of 1993)--- ----Preamble, S.5, Sched., Ss.9, 10, 11 & 12---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Suits for dissolution of marriage and realization of maintenance allowance---Failure of defendant to attach list of witnesses along with written statements---Closing of evidence--High Court, under writ jurisdiction, set aside of the Family Court---Validity---Special procedure had been laid down in Ss.9, 10, 11, 12 of the Mad Jammu and Kashmir Family Courts Act, 1993, to achieve the object of enactment i.e., early disposal of the family matters---Preamble of the Act though was not an integral part of the statute, but it could be helpful to ascertain the intention of the legislation which showed that the object of enactment was expeditious disposal of disputes relating to family affairs---Scheme of law was to decide the family matters expeditiously; and in case the relevant provisions were not complied with, that would amount to defeat the object of the legislation---High Court had issued the writ while quashing the order of the Judge, Family Court on the basis of inference drawn on the presumptions---Judgment of the High Court had jailed to interpret the provisions of S.9 of Azad Jammu and Kashmir Family Courts Act, 1993 in . its true perspective---Order passed by the High Court was set aside and order of Family Court, was restored, in, circumstances. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This appeal, with the leave of the Court, is directed against the judgment passed by the High Court on 15-11-2010, whereby the order of the Judge Family Court, Muzaffarabad, has been quashed by issuing a direction to provide an opportunity to the defendant to lead his evidence. 2. The brief facts culminating into this appeal are that Aisha Bibi filed two suits for dissolution of marriage and realization of maintenance allowance in the Court of Judge Family Court, Muzaffarabad. The Judge Family Court closed the evidence " of defendant, respondent herein, on 8-1-2010 'on the ground that the defendant-respondent has not attached the list of witnesses along with written statement, therefore, he cannot be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492