Case Details

Citation(s)
2024 SLG 5406 2024 SLD 5406 2024 PLD 19
High Court (AJ&K)
Family Appeal No. 153 of 2023, decided on 6th February, 2024.
Before Syed Shahid Bahar, J
Shahid Sheikh for Appellant. Sajid Maqbool and Gohar Zaman Abbasi for
Respondents.

Syed ZAKIR HUSSAIN SHAH---Appellant

VERSUS

Mst. KHATOON BIBI and 4 others---Respondents

Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, SCHEDULE

Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)-------S. 5, Sched.---Suit for maintenance allowance of wife and minors---Findings of Family Court---Appellate Court, jurisdiction of---Settlement/reconciliation between parties---Court while embarking upon the findings of Family Court in its appellate jurisdiction for all practical purposes enters in the shoes of Trial Court, thus, an attempt for reconciliation should be made for amicable settlement rationally hoping to tie up the parties rather than to break up---High Court, with the consent of both parties, modified decree and judgment passed by the Family Court, by reducing to half the rate of maintenance allowance of wife while maintaining the maintenance allowance of the minors---High Court directed the father to deposit the modified monthly maintenance allowances---Appeal was disposed of accordingly.JUDGMENTSYED SHAHID BAHAR, J.---The above titled appeal has been filed to set aside the impugned judgment and decree passed by learned Family Court Jhelum Valley dated 19.04.2023.The instant lis has been brought before the Court under the special law of Family Court. With the consent of both the parties, the instant lis is disposed of in the infra manner:--1.    As the appellant, Syed Zakir Hussain Shah, has already deposited Rs.3,30,000/- in compliance of order of this Court under the head of maintenance allowance in account of the respondent, Khatoon Bibi and remaining, outstanding amount is Rs.1,28,000/- as per record. The appellant shall deposit the remaining amount in the account of respondent, Khatoon Bibi, continuously in every month till satisfaction of the said amount.2.    The amount of monthly maintenance fixed by the Family Court is modified from Rs.20,000/- to Rs.10,000/- per month while Rs.5,000/- fixed…
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