| Citation(s) |
|---|
| 2016 SLG 2223 2016 SLD 2223 2016 YLR 793 |
Shariat Court (AJ&K)
Family Appeal No. 61 of 2015, decided on 15-09-2015.
M. TABASSUM AFTAB ALVI, JUSTICE
Sardar Mushtaq Hussain Khan for Appellants. Raja Jahangir Akram for
Respondents.
Family Appeal No. 61 of 2015, decided on 15-09-2015.
M. TABASSUM AFTAB ALVI, JUSTICE
Sardar Mushtaq Hussain Khan for Appellants. Raja Jahangir Akram for
Respondents.
NAVEED ILYAS and another--Appellants
VS
. AJID NAWAZ and another--Respondents
Law:
Section:
Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched. & S.14---Azad Jammu and Kashmir Family Courts Procedure Rules, 1998, R.3---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage or revocation of Nikahnama---Plaintiffs, who were brother and father of defendant lady, had alleged in the suit that Nikahnama, was fraudulently executed between the defendants---Under S.2 of the Dissolution of Muslim Marriages Act, 1939 and R.3 of Azad Jammu and Kashmir Family Courts Procedure Rules, 1998, the suit for dissolution of marriage, on any ground, could be filed by lady---Pro forma defendant who was real sister and daughter of plaintiffs, had never filed any suit for dissolution of her marriage on any ground whatsoever---When husband and wife admitted Nikah, then production of two witnesses, would not be essential---Counsel for plaintiffs, had admitted at the Bar that defendants, were living happily as husband and wife, and none of them had got any grouse against disputed Nikahnama---Findings recorded by the Trial Court that the plaintiffs had no locus standi to file suit for dissolution of marriage, were in accordance with law, which needed no interference in appeal before Shariat Court. Arif Hussain and another v. The State PLD 1982 FSC 42 ref. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, JUSTICE:----------- The supra titled appeal has been directed against the impugned decision dated 20.06.2015, recorded by the learned Judge Family Court, Sudhnoti, through which a suit for dissolution of marriage filed by appellants-plaintiffs was dismissed. 2. The precise facts culminating into filing of the instant appeal are that appellants-plaintiffs filed a suit for revocation of Nikahnama dated 04.05.2015, before Judge Family Court Sudhnoti, on 15.06.2015. It was asserted by appellants-plaintiffs that Nikahnama dated 04.05.2015, was fraudulently executed between Ajid Nawaz and Sehrish Ilyas respondents-defendants. It was alleged that witnesses of the aforesaid Nikahnama namely Muhammad Rizwan and Zarab Hussain were not present at the time of execution of the same. The learned trial Court recorded statements of…
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