Law:

Section:

Azad Jammu & Kashmir Family Courts Act, 1993-------S. 13(5)---Azad Jammu & Kashmir Interim Constitution Act (VIII of 1974), S.42---Making payment of decretal amount in instalments--­Family Court passed a decree against respondent to pay amount of dowry and other golden ornaments to appellant and on application of respondent Family Court ordered to make payment of decretal amount in instalments of rupees ten thousand each every month---Appellant did not challenge said order---On filing appeal, by respondent against said order Shariat Court determined each instalment of rupees five thousand instead of ten thousand as ordered by Family- Court---Appellant had challenged said order of Shariat Court in appeal before Supreme Court on ground that decree passed in respect of dowry could not be satisfied through instalments---Validity---Order of payment of amount of dower in instalmetns, was neither challenged by appellant before Family Court nor before Shariat Court, which had shown that appellant had accepted order of payment in instalments---Appellant had challenged order when same was further modified by Shariat Court from ten thousand to five thousand per month---Judge Shariat Court had given reasons for making payment in modified instalments---Instalments could be made keeping in view the overall circumstances in the cases governed under Azad Jammu and Kashmir Family Courts Act, 19.93---Order passed by Shariat Court after appreciation of facts and law, could not be interfered with by Supreme Court in appeal. Sultan Mehmood, Advocate for Appellant. Respondent in person. Date of hearing: 22nd March, 2004. JUDGMENT CHAUDHARY MUHAMMAD TAJ, J.--- This appeal, by leave, is directed against the judgment and order passed by the Shariat Court on 30-7-2003. 2. The facts are that the Judge, Family Court, Mirpur, passed a decree against respondent to return the articles of dowry and gold ornaments or pay the price of the same amounting to Rs.54,878 to the appellant. Thereafter, the respondent moved an application to make payment of the aforesaid amount in instalments. The Judge, Family Court accepted the application and ordered to make payment in instalments each of…

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