Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993) --------- ----------S. 5, Sched --------- Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42 --------- Restitution of conjugal rights --------- Appeal to Supreme Court on the basis of power of attorney --------- Scope --------- Family Court passed decree for restitution of conjugal rights but Shariat Court dismissed the suit --------- Husband filed appeal before the Supreme Court through attorney --------- Contention of wife was that attorney could not file appeal in matrimonial matters --------- Validity --------- Husband had specifically authorized the attorney to file appeals, persue the matters in the revenue, civil/sessions court or criminal courts and appeals in the superior courts --------- Executant had not authorized the attorney to file suit or appeals with regard to matrimonial matters --------- Strict compliance should be made to the recitals of power of attorney --------- Had the intention of the husband be to authorize the attorney for matrimonial matter, he should have specifically mentioned the same --------- Attorney was not authorized by the husband to act on his behalf in the matrimonial matters --------- Executant had authorized the attorney only with regard to filing of suits or appeals in respect of revenue, civil and criminal matters --------- Appeal having been filed incompetently was dismissed by the Supreme Court. Gul Taj Begum v. Lal Hussain and another PLD 1980 SC (AJ&K) 60 and Muhammad Afsar Khan and another v. Khadim Hussain and 3 others PLD 1978 SC (AJ&K) 143 rel. (b) Power of attorney --------- ----------Strict compliance should be made to the recitals of power of attorney. THIS JUDGMENT DELIVERED BY: MOHAMMAD AZAM KHAN, Chief Justice--------- The appellant filed a suit for restitution of conjugal rights against respondent No. 1 in Family Court, Dudyal on 16th September, 2010. After necessary proceedings, the trial Court passed a decree for restitution of conjugal rights in favour of the appellant on 29th September, 2012. The respondent filed an appeal in the Shariat Court. The Shariat Court through judgment and decree dated 31st January, 2013…

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