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Kh. ZAHID MIR vs JUDGE FAMILY COURT, KOTLI art — 2024 PLD 13 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 PLD 13 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
PLD
Parties
Kh. ZAHID MIR vs JUDGE FAMILY COURT, KOTLI art
Subject matter
Family
Provisions referred to
S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Kh. ZAHID MIR VS JUDGE FAMILY COURT, KOTLI art. 44---Guardians and Wards act (VIII of 1890), Ss. 12 & 25---azad Jammu and Kashmir Family Courts act, 1993 (XI of 1994), S. 5, Sched.---Interlocutory order passed by the Family Court---Writ jurisdiction, invoking of---Date of birth of the minor---Dispute---Disputed question of fact requiring evidence cannot be resolved by the High Court while exercising extra-ordinary jurisdiction conferred under art. 44 of the azad Jammu Kashmir Interim Constitution act, 1974---Writ jurisdiction can be invoked in extra-ordinary circumstances when no other adequate remedy under the umbrella of general law is provided, and that too by indicating any violation of law---Writ jurisdiction is not akin to civil suit and it carries set protocols and limits---Thus, indulgence in interlocutory order of the Family Court was declined---application filed by the mother/respondent was rightly accepted by the Family Court---Writ petition filed by the father, being meritless, was dismissed, in circumstances.

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