Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----Scope--AJ&K Family Courts Act, S. 5--Applicability in stricto senso--Family Court--Principle of justice--It is also settled law that provisions of CPC are not applicable in stricto senso to proceedings before Family Court however, principles of CPC could be attracted specially when there was no conflict between provisions of CPC and provisions of Family Court Act, 1993--Where there is no specific provision is provided in Act, Court has to consider matter in light of settled principle of justice equity and good conscious and Court can pass an order adopting principles rules of CPC. Minor-- ----Obligation of father--It is also settled law that husband being father of child born to his wife is required under law not only to provide food and shelter to his family but also take care of other genuine needs of family. AJ&K Family Court Act, 1993-- ----S. 5--AJ&K Interim Constitution Act, 1974, S. 44--Maintenance--Jurisdiction--No procedure to specify for filing separate suits--Application for arraying minor in line of plaintiffs was allowed--Non-petitioner was entitled to recover expenses incurred on birth of child--No bar on powers of family Courts that cannot allow any party to amend its pleadings--Validity--Family Court possess exclusive jurisdiction to entertain matter pertaining to dissolution of marriage, dower, maintenance, restitution of conjugal rights, custodian of children and guardianship as there was no procedure to specify for filing separate suits, parties are also entitled to file even a single suit pertaining to any of matters for one or more than one matter jointly--It is not denied by other party that minor who has been added as party in suit is family member of petitioner--No bar for impleadment of minor in suit for maintenance subjudice before Court. JUDGMENT Through this writ petition filed under Section 44 of Azad Jammu & Kashmir Interim Constitution Act, 1974, whereby, the application filed by the plaintiff Lubna Sadiq for arraying one Falak (minor) in the line of plaintiffs was allowed through the impugned order dated 15.07.2013 by Civil Judge/Judge Family Court Muzaffarabad. 2.…

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