1999A230 (PLP)

(On appeal from the judgment and decree of the Shariat Court, dated 6‑6‑1996 in Shariat Appeal No.74 of 1995). ‑‑‑‑S. 14(5)‑‑‑Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974). S.42‑‑‑Cross family suits‑‑ ‑Constitutional petition for leave to appeal‑‑ Maintainability‑‑‑Conditions‑‑‑Petition for leave to appeal against judgment of Shariat Court‑‑‑Two cross family suits‑‑‑Petitioner had filed suit for restitution of conjugal rights against respondent, whereas respondent had filed suit against petitioner for declaration and perpetual injunction to the effect that she was not wedded wife of petitioner‑‑‑Family Court decreed suit filed by petitioner and dismissed suit filed by respondent, but on appeal against judgment of Family Court, Shariat Court set aside findings of Family Court‑‑‑Petitioners had filed petition for leave to appeal against judgment of Shariat Court‑‑‑Leave to appeal to Supreme Court was only permissible if the Court was satisfied that case of petitioner involved substantial question of law of "public importance" and not otherwise ‑‑‑Shariat Court had come to the conclusion that petitioner had failed to prove that 'respondent was given to him in marriage by father of respondent according to Muslim Law‑‑‑Such was a question of fact which could not be said td be a question of public importance‑‑‑Even if question of law was involved in the case, leave could only be granted if question involved was not only a question of law but also a question of public importance‑‑‑No such eventuality existing in case, petition for leave to appeal was dismissed. Syed Nazir Hussain Shah Kazmi, Advocate for Petitioner. Date of hearing: 12th August, 1.996. This petition for leave to appeal has been directed against the judgment of the Shariat Court, dated 6‑6‑1996, whereby the appeal filed by Mst. Dil Jan, respondent, was accepted and the judgment and decree passed by the Family Court was set aside. The brief facts of the case are that two cross suits were disposed of by the Family Court; one by Mst. Dil Jan for the declaration and perpetual injunction that .she was not a wedded wife of Basharat Aziz, petitioner herein, whereas the other suit for declaration and the restitution of conjugal rights was filed by Basharat Aziz, petitioner, alleging that Mst. Dil Jan was given in marriage to him by her father when she was minor but now she is not prepared to live with him as his wife. The Family Court decreed the suit filed by Basharat Aziz whereas dismissed the suit filed by Mst. Dil Jan, respondent: On appeal to the Shariat Court, the findings of the Family Court were set aside and the suit filed by Basharat Aziz, petitioner herein, was dismissed and that filed by Mst. Dil Jan for declaration that she is not wedded wife of Basharat Aziz was decreed. The present petition for leave to appeal has been preferred against the judgment of the Shariat Court. It may be stated that in view of subsection (5) of section 14 of the Act known as Family Courts Act, 1093, leave to the Supreme Court is only permissible if this Court is satisfied that the case involves a substantial question of law of "public importance" and not otherwise. In the instant case, the Shariat Court has come to the conclusion that the petitioner failed to prove that Mst. Dil Jan was given to him in marriage by her father by performing Nikah according to Muslim Law. Obviously, this is ‑a question of fact and it cannot be said that "a question of law of public importance" is involved in the present case. Even if there is a question of law involved in such a case, leave can only be granted if the question involved is not only a "question of law" but also a "question of public importance". No such eventuality exists in the instant case. Hence, the petition for leave to appeal is hereby dismissed. H.B.T./53/SC(AJK) Petition dismissed.