| Citation(s) |
|---|
| 2014 SLG 1651 2014 SLD 1651 2014 CLC 397 |
Shariat Court (AJ&K)
Civil Appeal No.35 of 2012, decision dated: 7-06-2013.
SARDAR MUHAMMAD SHAHZAD KHAN, J
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Civil Appeal No.35 of 2012, decision dated: 7-06-2013.
SARDAR MUHAMMAD SHAHZAD KHAN, J
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Mst. GULSHAN PARVEEN
VS
AMAR SAFEER KHAN and 10 others
Law:
Section:
Azad Jammu and Kashmir Family Courts Act (XI of 1993)-------Ss. 5, Sched. & 14---Suit for restitution of conjugal rights and suit for jactitation of marriage---Trial Court decreed suit for restitution of conjugal rights in favour of husband, while dismissed cross-suit for jactitation of marriage filed by the wife against her husband---Statements of three witnesses produced by husband in proof of his claim, had revealed that wife had contracted marriage with the plaintiff-husband with her own free-will and consent---Defendant/wife admitted Nikah Nama with the plaintiff-husband; and she also admitted her signatures on the contents of the Nikah-Nama and admitted that she prepared the deed by her own writing, and also signed affidavit---Wife was a student of M.Phil and not an illiterate lady, who did not know anything---Plaintiff-husband, in circumstances had proved his case through cogent and convincing evidence, and the Trial Court had rightly decreed suit for restitution of conjugal rights in favour of plaintiff/husband---Witnesses produced by the wife in proof of her case for jactitation of marriage, had not denied the Nikah-Nama with her husband---Wife having failed to prove her case through cogent and convincing evidence, Trial Court had rightly dismissed her suit for jactitation of marriage in right direction---No misreading or non-reading of evidence had been committed by the Trial Court while recording impugned and decree, same were allowed to stand. PLD 1997 Lah. 301; PLD 1997 Lah. 666; PLD 1999 Lah. 494 and PLD 1999 Lah. 479 distinguished. Manzoor Hussain Raja for Appellant. Ch. Muhammad Manzoor for Respondent No.1. JUDGMENT SARDAR MUHAMMAD SHAHZAD KHAN, J.--- The above titled appeal has been directed against the judgment and decrees of Judge Family Court Muzaffarabad dated 28-4-2012, whereby the suit filed by the respondent No.1 for restitution of conjugal rights was decreed, while the cross-suit filed by the appellant for jactitation of marriage was dismissed. 2. The brief facts forming the background of the instant appeal are that the respondent No.1 herein filed a suit for restitution of conjugal rights, while the appellant herein filed a…
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