Case Details

Citation(s)
2001 SLG 3036 = 2001 SLD 3036 = 2001 YLR 175
Shariat Court (AJ&K)
Shariat Appeal No.38 of 2000, decided on 23rd June, 2001.
Presented By: Iftikhar Hussain Butt, J
Mir Tanveer Hussain for Appellant. Muhammad Zaffar Iqbal for
Respondents.

Mst. DILSHAD BANO‑‑‑Appellant

VERSUS

IMTIAZ HUSSAIN and another‑‑‑Respondents

Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 14, 5

Law: Azad Jammu and Kashmir Family Courts Procedure Rules, 1998

Section: 22

Law: Limitation Act (IX of 1908)

Section: 12(2)

(a) Azad Jammu and Kashmir Family Courts Act, 1993 . 14‑‑‑Azad Jammu and Kashmir Family Courts Procedure Rules, 1998, R.22‑‑ Limitation Act (IX of 1908), S.12(2)‑‑ Appeal‑‑‑Limitation‑‑‑Exclusion of time spent in obtaining copy of judgment and decree appealed against‑‑‑Appeal which was to be filed within thirty days was filed after expiry of said period‑‑‑Provisions of S.12(2) of Limitation Act, 1908 whereby time spent in obtaining copy of judgment and decree appealed against was excluded in computing the period of limitation, being applicable to the case, appeal was not time‑barred as time spent by appellant in obtaining the copies of judgment and decree appealed against had to be excluded in computing period of limitation for filing appeal. Mehboob's case 1992 SCR 338; Naseeb‑Ullah's case 1993 SCR 44 and Raja Muhammad Maqsood v. Mst. Kausar Nisar. 2000 YLR 2698 ref. (b) Azad Jammu and Kashmir Family Courts Act, 1993 S. 5 & Sched.‑‑‑Suit for recovery of dower amount‑‑‑Relinquishment of dower‑‑ Defendant by producing oral as well as documentary evidence on record had proved that plaintiff who was divorced on allegation of "Zina" had relinquished her dower in consideration for Khula'‑‑‑Remission of dower being an act of free consent given in a bilateral agreement, the plaintiff was bound by it‑‑‑Suit was rightly dismissed, in circumstances. PLD 1997 Lah. 417; Mehboob's case 1992 SCR 338; Naseeb‑Ullah's case 1993 SCR 44; Raja Muhammad Maqsood v. Mst. Kausar Nisar 2000 YLR 2698 and Qasim Hussain v. Bibi Kaniz (1932) 54 All. 806 ref.                                                                                                                                                      JUDGMENT This appeal has been directed against the judgment and decree of Family…
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