Law:

Section:

Azad Jammu and Kashmir Family Courts Act, 1993---.------.------.---- ---.----S.5 & Sched---.---Limitation Act (IX of 1908), Art.120---.---Suit for past maintenance---.---Limitation---.---Family Court on the basis of evidence passed a decree for the past maintenance of ten years--Findings of Family Court, based on evidence and having been made after due appreciation as required under law could not be held against record---.---Judgment of Family Court to the extent of entitlement of plaintiff for past maintenance could not be interfered with, but past maintenance for a period of ten years could not be granted---.---No specific provision, being available providing limitation for filing suit for maintenance, resort could be had to residuary Art.120 of Limitation Act, 1908 which had prescribed six years as limitation---.---Past maintenance of six years could be granted and beyond that, claim of plaintiff would be barred by limitation. Abdul Rehman v. Mst. Khatoon and 2 others 1989 CLC 1979; Muhammad Saleem v. Additional District Judge (V), Rahim Yar Khan 1988 CLC 1134; Mehboob Ali v. Mst. Mubina Khatoon and 2 others PLD 1977 Kar. 558; Munshi v. Mst. Rashida Bibi 1972 PCr.L.J 1311; Mst, hanifa Bai v. Muhammad Moosa and others PLD 1998 Kar, 234; Muhammad Aslam v. Mst. Zainab Bibi and 3 others 1990 CLC 934 and Mst. Reshman Bibi v. Muhammad Shafi PLD 1967 AJK 32 ref. THIS JUDGMENT DELIVERED BY: CHAUDHARY Muhammad TAJ, JUSTICE:---.--- This appeal, by leave, is directed against the judgment and decree passed by the Shariat Court on 31-1-2003. 2. The facts are that the appellant filed a suit for past maintenance of ten years in the Court of Judge Family Court Mirpur. The suit was resisted by the opposite side hence issues arising out of the pleadings of the parties were framed. The trial Court framed as many as three issues. The burden of proof of issues Nos. 1 and 2 was placed on the respondent while that of issue No.3 on the shoulder of the appellant herein. The trial Court decided issues Nos.1 and 2 against the respondent. The order was finally upheld by this Court. After conclusion of the suit a decree for Rs.1,20,000 was passed in favour of the appellant. The…

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