SUGHRAN BIBI vs SULTAN MEHMOOD — 2026 PLD 1 SUPREME-COURT-AZAD-KASHMIR

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

SUGHRAN BIBI VS SULTAN MEHMOOD. S. 14(5)---azad Jammu and Kashmir Family Courts Procedure Rules, 1998, R. 22(3)---appeal before the Supreme Court, filing of---Certified copies of decree/decision, non-annexation of---Effect---argument of the appellant (wife) was that the omission of the decree constitutes a procedural irregularity that may be overlooked---Validity---Provisions of S. 14(5) of the azad Jammu and Kashmir Family Courts act, 1993 ('the act 1993') and R. 22(3) of the azad Jammu and Kashmir Family Courts Procedure Rules, 1998, create a cohesive framework for appellate proceedings---Section 14(5) of the act 1993 establishes the jurisdictional basis for appeals to the Supreme Court, while R. 22(3) operationalizes said framework by prescribing the procedural prerequisites, including the mandatory attachment of the decree---The decree serves as the formal embodiment of the judgment, delineating the precise rights and liabilities determined by the lower court; its annexation is not a mere technicality but a substantive requirement enabling the appellate court to ascertain the scope of the dispute and the legal questions involved---Thus, the requirement to annex a certified copy of the decree with the appeal is mandatory---The decree, as the formal and conclusive expression of the lower court's decision, is an indispensable document for the exercise of the Supreme Court's appellate jurisdiction under S. 14(5) of the act 1993---argument of the appellant (that the omission of the decree constitutes a procedural irregularity that may be overlooked) cannot be sustained in light of the explicit language of R. 22(3) of the azad Jammu and Kashmir Family Courts Procedure Rules, 1998; said provision leaves no room for discretion and unequivocally mandates the attachment of the decree, ensuring that the appellate court has a complete and authoritative record of the case---appeal having been filed incompetently, was dismissed.

SUGHRAN BIBI vs SULTAN MEHMOOD — 2026 PLD 1 SUPREME-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2026 PLD