Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5 & Schd.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Suit for jactitation of marriage---Allegation of fictitious Nikahnama---Application of the defendant for comparison of signatures of the plaintiff---Dismissal of application of the defendant---Challenging interim order in writ petition--- Maintainability---Petitioner/defendant contended that comparison of signature of plaintiff on marriage certificate and the statement recorded before Family Court was necessary and application was wrongly dismissed by the Family Court---Respondent/plaintiff challenged writ petition as remedy of appeal was not available against interim order---Validity---Remedy of appeal had not been provided against an interim order of the Family Court; the wisdom of the Legislature was to avoid the procrastination of the family matters, and under law, such lacunae could also not be filled in by invoking the extraordinary jurisdiction of the High Court---Writ petition could not be invoked as an alternative of appeal or revision---When no appeal or revision was provided against interim order, same could not be challenged through writ petition---Court would not act in a manner by which, object of statute was defeated or rendered nugatory---High Court observed that petitioner could agitate his contention at the stage of final arguments and in case of an adverse order, re-agitate his point in appeal but in the circumstances he could not be permitted to procrastinate and linger on the proceedings of a family suit, without any justification for an indefinite period---No force having been found in the writ petition, same was dismissed accordingly. 2012 CLC 1900; Syed Sagheer Ahmed Naqvi v. Province of Sindh through Chief Secretary, S&GAD Karachi and another 1996 SCMR 1165; Muhammad Iftikhar Mohmand v. Javed Ahmed and 3 others 1998 SCMR 328; 2004 YLR 1910 and 2009 YLR 1621 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KIANI, JUSTICE:---.--- Through the above captioned writ petition, filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following relief has been…

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