Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----Preamble---Object of the Act---Purpose for enacting Azad Jammu and Kashmir Family Courts Act, 1993, was for expeditious settlement and disposal of the disputes with regard to the matrimonial matters and other affairs connected therewith. (b) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Schedule---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Amendment of pleadings---Powers of Family Court---Scope---Plaintiff instituted suit for dower and recovery of maintenance allowance before Family Court---Plaintiff lady was pregnant at the time of institution of suit---After birth of child application was moved for arraying the minor in line of plaintiffs by amending plaint which was accepted---Petitioner assailed order allowing the amendment on grounds that no procedure had been provided for amendment---Principle---No provisions for amendment of pleadings were provided but there existed no prohibition or absolute bar on powers of Family Court to allow any party to amend pleadings---Family Court can allow any procedure not expressly barred under law for final disposal of case---When parentage was not being disputed there was no bar for impleadment of minor in suit for maintenance as party---Application for amendment after birth of child was also held to be continuation of stance taken in suit for recovery of maintenance and writ petition was dismissed in circumstances. 2005 SCR 37; 1999 CLC 81; 1983 CLC 3305; 2012 YLR 1488 rel. (c) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 17---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Applicability of provision of C.P.C. and Qanun-e-Shahadat, 1984 to proceedings before Family Court---Scope---Neither provisions of Civil Procedure Code, 1908 nor that of Qanun-e-Shahadat, 1984 were applicable to proceedings under Azad Jammu and Kashmir Family Courts Act, 1993, however, principles of C.P.C. were attracted when there was no conflict between provisions of Azad Jammu and Kashmir Family Courts Act, 1993 and Civil Procedure Code, 1908. (d) Azad Jammu and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492