Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----Ss. 5, Sched., 14 & 15---Azad Jammu and Kashmir Shariat Court (Procedure) Rules, 1982, Rr.40 & 41---Suit for recovery of dower amount and maintenance allowance---Appeal without affixing court-fee on memo. of appeal---Two suits, one for recovery of dower amount, and the other for maintenance allowance were decreed by the Trial/Family Court; defendants feeling dissatisfied from the of the Family Court filed appeal, without affixing court-fee on the memo. of appeal---Objection was raised regarding maintainability of appeal without affixing court-fee---Validity---Under S.14 of Azad Jammu and Kashmir Family Courts Act, 1993 right of appeal was provided to an aggrieved person from a decision or decree passed by a Family Court---No specific procedure for filing appeal was provided in the Act---Constitution of Shariat Court and procedure for filing of appeals and other proceedings before the Shariat Court, was provided under Azad Jammu and Kashmir Shariat Court Act, 1993---For regulating procedure of the Act, Azad Jammu and Kashmir Shariat Court (Procedure) Rules, 1982 had been enforced; which dealt with form and contents of appeal and its presentation, and no court-fee was required on those appeals---Provisions of the Court Fees Act, 1870, were applicable to the proceedings before the Shariat Court to the extent of Rr.40 & 41 of the Azad Jammu and Kashmir Shariat Court (Procedure) Rules, 1982---Fixation of court-fee on the memo of appeal and other documents, had been impliedly excluded---Family Court, though was a civil court, but plaint before such court, was exempted from the court-fee under S.19 of the Azad Jammu and Kashmir Family Courts Act, 1993---No court-fee was required to be paid on the memo of appeal, in circumstances. Muhammad Imtiaz Khan v. Shakeela Zafeer and another 2016 MLD 618 overruled. Muhammad Imtiaz Khan v. Shakeela Zafeer and another 2016 MLD 618 overruled. Mirza Daud Baig v. Additional District Judge Gujranwala and others 1987 SCMR 1161; Pervaiz Ahmad v. Tahra Shaheen alias Balquees Shahzadi 1988 CLC 1644; Hameeda Begum v. First Additional District Judge and another 1988…

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