Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 17

Azad Jammu ,  Kashmir Family Courts Act, 1993 (XI of 1993)-- ----S. 17--Suit for recovery of dowry articles--Partially decreed--Concurrent findings--Sole-statement of wife--Obligation to respondent--Challenge to--Trial Court has not awarded whole prayed relief rather awarded partial amount of dowry articles which respondent was able to prove in her evidence, was not obliged to prove her case in strictosensu according to principles and provisions of Qanun-e-Shahadat Order, 1984, as it is required under ordinary civil proceedings in civil Court or criminal proceedings in criminal Courts--Sole statement of wife is sufficient to prove her claim of dowry articles and she was not required to prove case in terms of requirements of Qanun-e-Shahadat Order, 1984 by producing a certain number of witnesses in support of her claim along with recording of her own statement--Trial Court has rightly passed and decree after considering evidence and Shariat Appellant Bench of High Court has not committed any error of law by maintaining same--Appeal dismissed.  [Pp. 68, 69, 70 ,  71] A, B, D ,  E Azad Jammu ,  Kashmir Family Courts Act, 1993 (XI of 1993)-- ----S. 17--Applicability of provisions of Qanun-e-Shahadat Order--Provisions of Qanun-e-Shahadat, Order, 1984 are not applicable to proceedings before Family Courts. [P. 69] C 2016 SCR 1, 2013 CLC 698, 2012 MLD 756 and 2008 SCMR 1584 ref. ORDER Muhammad Younas Tahir, J.--The captioned appeal by leave of the Court has been directed against the judgment of the Shariat Appellate Bench of the High Court, dated 30.10.2019, passed in Family Appeal No. 13 of 2017, whereby the appeal filed by the appellant, herein, has been dismissed. 2. The facts forming the background of the captioned appeal are that the plaintiff-respondent, herein, filed a suit for recovery of the dowry articles worth Rs. 116,415/- before the Judge Family Court, Mirpur on 04.04.2013. The suit was resisted by the defendant-appellant, herein. The learned trial Court after recording of the evidence and hearing the parties, decreed the suit for recovery of dowry articles of Rs. 89,915/- and dismissed the suit to the extent of remaining articles…

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