Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5

Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----S. 5---Suits for restitution of conjugal rights and jactitation of marriage by husband and wife respectively---Non-production of witnesses mentioned in Column No. 8 of nikahnama---Effect---Wife had denied solemnization of nikah and filed suit for jactitation of marriage---Trial Court decreed the suit for restitution of conjugal rights and dismissed the suit for jactitation of marriage---Validity---Wakil of bride shown in Column No. 6 of nikahnama was not present at the time of execution of Nikahnama as per statements of witnesses---Father of bride, shown as wakil in Nikahnama, got registered an FIR when he got knowledge of forged Nikah---Witnesses of Nikah mentioned in Column No. 8 had not been produced by husband and were not even cited as witnesses---Husband had stated that he did not know the said witnesses while Nikah Khawan did not mention their presence at the time of nikah---Husband's witnesses negated the presence of witnesses of meeting at the time of Nikah---Names of witnesses of nikah, mentioned in Column No. 8, had been written without their presence and their signatures were forged---Time of nikah was shown as 2:00 p.m. whereas witnesses of wife stated that at 2:00 p.m. she was at her home---Prompt dower was shown as ornaments of Rs. 50,000 whereas none of the witnesses stated that it was paid in their presence---Nikah allegedly was solemnized on 12-1-2015, but it was kept secret till November, 2015---Nikah must be proclaimed and proclaimed openly so that it was known to people that spouses were validly married---Nikhanama remained unproved, therefore, it could not be read into evidence and neither a decree of restitution of conjugal rights could be granted on the basis of such Nikahnama---High Court accepted the appeal and passed the decree of jactitation of marriage and dismissed the suit for restitution of conjugal rights, in circumstances. THIS ORDER PASSED BY: RAJA SAJJAD AHMAD KHAN, J.--- Since both the appeals arise out from the common judgment of learned Judge Family Court, Hajira dated 22.3.2018, therefore, these are being consolidated and will be disposed of through this…

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