Law:

Section:

Azad Jammu and Kashmir Family Courts Act, 1993-------S. 14(1)(2)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 4---Fundamental Rights Nos. 15, 42 & 44---Appeal against decree for dissolution of marriage---Equal protection of law---Contention was that husband was at par with wife in respect of right of appeal against decree for dissolution of marriage on the basis of equality of State Subjects ---Shariat Court in appeal and High Court in its Constitutional jurisdiction refused to grant the said right on the ground that Constitution had not conferred such jurisdiction on those Courts---Held, law point raised in Constitutional petition discussed in limini could not be decided by Supreme Court for the reason that view-point of other party was not on record---Supreme Court, while accepting the appeal, ordered the High Court that petition be admitted to decide the question of law of public importance according to law. JUDGMENT BASHARAT AHMAD SHAIKH, J.---Respondent No.4 Mst. Shahina Begum filed a suit for dissolution of marriage against appellant. A counter-suit for restitution of conjugal rights was also instituted by the appellant. During the pendency of the suit respondent No.4 filed an application in which she prayed that her marriage with the appellant may be dissolved on the basis of 'Khullah'. The Family Court passed decree in favour of respondent No.4 on 28th of January, 1995. The appellant filed an appeal before the Shariat Court to challenge the decree but it was dismissed on 31st of October, 1996 on the short ground that no appeal was maintainable against a decree for dissolution of marriage. On 12th of November, 1996 the appellant filed a writ petition in the High Court in which he prayed that the provision of law which barred appeal against decree for dissolution of marriage may be declared as void on the basis of being inconsistent with Fundamental Right No.15 (Equality of State Subjects) and as a consequence thereof the judgment delivered by the Shariat Court may also be quashed. It was consequently prayed that a direction may be issued to the Shariat Court to re-hear the appeal. It was stated in the writ petition that under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492