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Kh. ZAHID MIR vs JUDGE FAMILY COURT, KOTLI Ss — 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 Ss
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 Ss. 12 & 25---azad Jammu and Kashmir Family Courts act, 1993 (XI of 1994), S. 5, Sched.---Date of birth of the minor---Dispute---Document (Form B) issued by the NaDRa---Presumption of truth/ correctness---Scope---In guardianship application before the Family Court, both the parents filed separate applications asserting contradictory date(s) of birth of the minor with difference of almost three years---Family Court accepted the date of birth asserted by the mother against which order petitioner/father filed a writ petition---Validity---Record revealed that, for the purpose of obtaining guardian-ship of the minor girl, the petitioner/father opted to produce only the birth certificate of the minor issued by the concerned secretary Union Council whereas the mother/respondent not only produced such birth certificate but also "Form B" duly issued by the National Database Registration authority (NaDRa)---Document issued by the NaDRa has a presumption of truth---Presumption of correctness is attached to the record of the NaDRa unless contrary is proved or same is nullified by any Court of law---If the petitioner/father wanted to seek declaration that one of dates of birth was correct and the other fake, he could approach the Civil Court by filing a suit in said regard---Thus the 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.

Other judgments reported in 2024 PLD

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