Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, Schedule,13(3)(5),14(1)

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----Ss. 5, Sched., 13(3)(5) & 14(1)---Suit for recovery of dower---Execution petition---Instalments of decretal amount were sought by -debtor---Scope---Interlocutory order passed by Family Court---Appeal---Competency---Judgment debtor filed objection petition with the request to fix instalments for payment of decretal amount---Family Court directed the debtor to pay entire decretal amount in lump sum and dismissed the objection petition---Validity---Family Court in its directed the debtor for lump sum payment of decretal amount which observation was upheld by the Supreme Court---Observation of Family Court for payment of lump sum decretal amount had attained finality---Executing Court did not commit any illegality while refusing fixation of instalments---Impugned order was passed at the stage of execution proceedings which did not fall within the definition of a "decision" or decree rather it was an interlocutory order---Only a decision or a decree passed by a Family Court was appealable before Shariat Appellate Bench of High Court---Family Court had discretion to fix instalments if it deemed fit---Instalments could not be claimed as a matter of right---No appeal or revision had been provided under Azad Jammu and Kashmir Family Courts Act, 1993 against such direction for making payment of decretal amount---No appeal or revision had been provided against an interlocutory order passed by the Family Court---Appeal was dismissed, in circumstances. Mst. Shahnaz Bibi and 2 others v. Munawar Din 2005 SCR 409; Mst. Nasim Bashir v. Abdul Jabbar 2004 MLD 510 and Ijaz Ahmed Siddique v. The District Judge, West Pakistan and 2 others 1988 CLC 634 ref. Safina Chaudhary and another v. Zafar Iqbal 2017 SCR 1620; Mst. Amreen v. Muhammad Kabir 2015 YLR 710 and Noreen Akhtar v. Liaquat Hussain 2004 CLC 1397 distinguished. Mst. Nasim Bashir v. Abdul Jabbar 2004 MLD 510 and Firdos Bakhat v. Javed Khan through Attorney and another 2012 YLR 2231 rel. (b) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 14(1)---Interlocutory order passed by Family Court---Appeal---Maintainability---No appeal or revision…

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