Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

(a) Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----S. 5, Sched.---Suit for dissolution of marriage--- Cruel attitude--- Scope---Respondent filed three suits; first, for dissolution of marriage; the second, for recovery of dower; and the third, for recovery of maintenance allowance---Appellant also filed a counter suit for restitution of conjugal rights---Suits filed by respondent were allowed whereas that of appellant was dismissed---Validity---Statements of the parties clearly showed that the stance of appellant that the respondent had wilfully left the house of her husband had no substance---Cruelty was not confined to physical torture---Even the cruel attitude was not confined only to the extent of physical violence, it included mental torture, hateful attitude of husband or other inmates of the house and also included other circumstances, in presence of which, the wife was forced to abandon the house of her husband---Appellant could not succeed in pointing out any misreading or non-reading of evidence---Appeal was dismissed. Syed Shabir Shah Gillani v. Imtiaz Ahmed Abbasi and 5 others 2014 SCR 418 ref. Muhammad Muneer and another v. Naveeda Khalid 2019 SCR 394 and Mst. Amreen v. Muhammad Kabir 2015 YLR 170 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 42--- Appeal--- Concurrent findings---Scope---Findings of facts concurrently recorded by the Courts below cannot be disturbed until and unless a case of non-reading or misreading of evidence is made out or gross illegality is shown to have been committed. Kamal Hussain v. M. Shabir and others 2017 SCR 236 rel. JUDGMENT KH. MUHAMMAD NASIM, J.---The titled appeal by leave of the Court has been directed against the consolidated judgment and decree dated 03.10.2018, passed by the Shariat Appellate Bench of the High Court in Family Appeals Nos.15, 16, 17 and 18 of 2017. 2. The facts of the case briefly stated are that Salma Mehmood, plaintiff/ respondent, herein, filed three suits; first, for dissolution of marriage; second, for recovery of dower; and the third, for recovery of maintenance allowance in the Court of Additional District Judge empowered as…

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