Law:

Section:

AJ&K Family Courts Act, 1993-- ----Ss. 8 & 9--AJ&K Interim Constitution Act, 1974, S. 44--Suit for dissolution of marriage-Ex-parte proceedings--Employee of armed forces--Challenge to--Version of trial Court was beyond limitation--Service through registered post or proclamation in newspaper--Validity--Time limit was 15 days for appearance of petitioner and any action against him on behest of Court before expiry of time limit was not warranted under law--Order of ex-parte proceeding was not permissible hence ex-parte proceeding were only competent--Order of trial Court on application being time barred was without any legal force which warrants vacation, hence accordingly order. AJ&K Family Courts Act, 1993-- ----S. 14--Suit for dissolution of marriage--Ex-parte proceeded--Challenge to--Object regarding maintainability of petition on ground of adequate remedy in shape of appeal--Question of--Whether discretionary powers exercised by Family Court in dismissing application for setting aside ex-parte proceedings being not in accordance with law can be looked in by exercising constitutional power--Impugned order is an interim order against which neither appeal nor revision lies--It is settled law that such like discretionary orders are not immune from judicial review--Constitutional petition against interim order was competent in circumstances. JUDGMENT Through the above captioned petition filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following relief has been claimed by the petitioners:-- "In matrix of the above stated facts, it therefore, very humbly prayed that by accepting the instant writ petition through an appropriate writ the impugned order of Family Court No. Muzaffarabad dated 29.01.2014 may kindly be declared illegal, against the settled principle of statutory justice and contrary to provision of family Court Act 1993 and the same may kindly be set aside. Resultantly the application of petitioner for setting aside ex-parte proceedings may kindly be allowed while quashing the ex-parte order dated 21.09.2013. Any other relief which this Hon'ble Court, deems proper may also be given to the petitioner in…

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