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21

Family Court deemed to be a District Court for Purpose of Guardians and Wards Act 1890

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: 21. Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890.‑ A Family Court shall be deemed to be District Court for the purposes of the, Guardians and Wards Act, 1890, and notwithstanding anything contained in this Act shall in dealing with matters specified in that Act, follow the procedure prescribed in that Act.

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Citing Judgments

  • P L D 2026 High Court (AJ&K) 21 Syed MEHMOOD HUSSAIN SHAH---Appellant Versus Syeda UJALA BATOOL and 3 others---Respondents
  • 2021 Y L R 1503 AYAZ HUSSAIN and another---Appellants Versus STATE through Advocate General of Azad Jammu and Kashmir
  • 2017 C L C 788 KHURSHID BEGUM----Appellant Versus SABIR HUSSAIN----Respondent
  • 2017 C L C 234 MUHAMMAD SAJID----Appellant Versus Mst. SAJIDA RASHEED and another----Respondents
  • P L D 2016 Supreme Court (AJ&K) 36 25. The argument of Raja Muhammad Hanif Khan, Advocate, counsel for the Council, that Act, 2000 is occupying the field for the last more than 15 years and the appointments of Chief Election Commissioner are being made in the light of said Act and the Azad Government has surrendered its authority before the Council in the matter, therefore, it is estopped to turnaround and claim that the Council has no legislative competence in the matter. The Azad Jammu and Kashmir Legislative Assembly passed the Act, 1992 in relation to the terms and conditions of Chief Election Commissioner. The said Act still holds the field. The appointments were made in the light of said Act. In presence of such Act, the Azad Jammu and Kashmir Council passed the Act, 2000 on the same subject. In the Constitution of Pakistan, 1973, under Article 143, if there are two Acts on the same subject, one passed by the Majlis-e-Shoora and the other by the Provincial Assembly, the Act of Majlis-e-Shoora shall prevail and the Act passed by the Provincial Assembly shall give way but neither is such like provision in Act, 1974, nor the Council has such superior controlling authority like the Majlis-e-Shoora. It does not need any authority that there is no estoppel against law. We have also considered the case titled Justice Rtd. Muhammad Siddique Farooqi v. Azad Jammu and Kashmir Council and others (Writ Petition No.24/2001
  • 2012 M L D 553 FEHMIDA HAIDER---Appellant Versus TASADDAQ ABBASS SHAH---Respondent