Matloob Hussain vs Gulbahar Butt art — 2025 YLR 2680 HIGH-COURT-AZAD-KASHMIR

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Matloob Hussain VS Gulbahar Butt art. 44---Writ jurisdiction of High Court---Scope---High Court while exercising powers conferred under art. 44 of the azad Jammu and Kashmir Interim Constitution, 1974, can look only into the matters in which violation of any law, rule, statutes, infringement of any fundamental right is visible or in case of coram non judice. Citation Name: 2025 YLR 2680 HIGH-COURT-AZAD-KASHMIRBookmark this Case Matloob Hussain VS Gulbahar Butt art. 44---azad Jammu and Kashmir Family Courts act, 1993 (XI of 1994)---Ss. 5, Sched. & 14---Writ petition---Maintainability---Interlocutory order passed by Family Court deciding application as to territorial jurisdiction---Nature and remedy---Every order passed by the Family Court during the pendency of a suit could not be treated as interlocutory, unless the nature of such order reflects so---To test whether an order passed on any application by the Family Court is to be treated as interlocutory or not it must be considered out what possible orders could be passed by the Judge Family Court on such application, and if the nature of any order appears to be final then it may not be treated as interlocutory, as in the present matter the Judge Family Court dismissed the application on the ground that the Family Court had got the jurisdictional competence to hear the case, thus, finally decided the question of jurisdiction, which could not be raised during subsequent proceedings before the Court except in appeal---Meaning thereby, that if any point was finally decided during the pendency of the suit, which went into the root of the case, then such orders could not be treated as interlocutory---Orders, which obtained finality, notwithstanding the pendency or final disposal of the case, appeal against such orders would be maintainable---Writ petition was dismissed in limine, in circumstances.

Matloob Hussain vs Gulbahar Butt art — 2025 YLR 2680 HIGH-COURT-AZAD-KASHMIR

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