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14

Appeals

Act: Azad Jammu and Kashmir Family Courts Act 1993

Section Provisions

THE AZAD JAMMU AND KASHMIR THE AZAD JAMMU AND KASHMIR FAMILY COURTS ACT, 1993 [ACT XI OF 1994] [Dated January 25, 1994] AN ACT to make provisions for the establishment of Family Courts. WHEREAS it is expedient to make provision for the establishment of Family Courts for the expeditious settlement &disposal of disputes relating to marriage and family affairs and for matters connected therewith; It is hereby enacted as follows: 14. Appeals.‑ (1) Notwithstanding anything provided in any other law for the time being in force, a decision or a decree passed by a Family Court shall be appealable to the Azad Jammu and Kashmir Shariat Court only. (2) No appeal shall lie from a decree passed by a Family Court‑‑‑ (a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (d) of item (viii) of Section 2 of the Dissolution of Muslim Marriages Act, 1939; (b) for dower not exceeding rupees one thousand; (c) for maintenance of rupees seventy‑five or less per month, (3) Every appeal under this Act shall be decided by the appellate Court within a period of sixty days, from the date of presentation of appeal. (4) Subject to the provisions of sub‑section (5) the order of the Azad Jammu and Kashmir Shariat Court shall be final. (5) An appeal to the Supreme Court of Azad Jammu and Kashmir from judgement, decree or order of the Shariat Court shall lie only if tile Supreme Court of Azad Jammu and Kashmir being satisfied, that the case involves a substantial question of law of public importance grants leave to appeal.