Syed KAZIM GILLANI vs Syeda SAMRAH GILLANI Preamble, Ss — 2026 CLC 789 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2026 CLC 789 HIGH-COURT-AZAD-KASHMIR
Year: 2026
Reporter: CLC
Parties: Syed KAZIM GILLANI vs Syeda SAMRAH GILLANI Preamble, Ss
Subject matter: Civil
Provisions referred to: S. 17-A---S; S. 17-A; S. 5; Family Courts Act (XXXV of 1964); Family Courts Act; Though Family Courts Act; Kashmir Family Courts Act

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

Syed KAZIM GILLANI VS Syeda SAMRAH GILLANI Preamble, Ss.5 & Sched.---Family Courts Act (XXXV of 1964), S.17-A---Suit for maintenance allowance for minors---Interim allowance, fixation of---Family Court, jurisdiction of---Father challenged interim allowance fixed for minors---Held: The issue of maintenance allowance is dealt with under S.17-A of the Family Courts Act, 1964, at any stage of proceedings in a suit for maintenance---Family Court may pass an interim order for maintenance, whereunder the payment shall be made by the fourteenth of each month, failing which the Court may strike off the defence of the defendant and decree the suit---Though Family Courts Act, 1964, is not adopted in Azad Jammu and Kashmir, however, in Azad Jammu and Kashmir, Azad Jammu and Kashmir Family Courts Act, 1993, is adopted and under S.5 of the said Act, Family Court can adjudicate the matters which are envisaged in the Schedule to the Act, 1993---While considering the whole spirit and scheme of the Family Courts Act, 1993, and its Preamble, the intention of the legislature is clear that the Family Court shall have jurisdiction to entertain, hear and adjudicate upon such matters as well---The order recorded by the Court below regarding interim maintenance also falls under the Schedule and the Family Court at any stage of the proceedings in a case pending before it can pass an interim order for maintenance---Appellant / father was unable to point out any patent illegality or material irregularity in the impugned order---Appeal, filed by father, was dismissed, in circumstances.

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