' CHAUDHARY MUHAMMAD TAJ, J.--- This appeal, by leave, is directed against the judgment and order passed by the Shariat Court on 30-7-2003.
2. The facts are that the Judge, Family Court, Mirpur, passed a decree against respondent to return the articles of dowry and gold ornaments or pay the price of the same amounting to Rs,54,878 to the appellant. Thereafter, the respondent moved an application to make payment of the aforesaid amount in instalments. The Judge, Family Court accepted the application and ordered to make payment in instalments each of rupees ten thousand. The appellant did not challenge the aforesaid order. However, the respondent filed an appeal challenging the aforesaid order before the Shariat Court which was accepted and the learned Judge in the Shariat Court determined each instalment of rupees five thousand to be paid every month. The aforesaid order is subject of challenge through this appeal.
3. Mr. Sultan Mehmood, the learned counsel for the appellant, contended that the order is illegal and without jurisdiction, as, according to him, for a decree passed in respect of dowry cannot be satisfied through instalments. It was also argued that the order was passed on a miscellaneous application, therefore, the terms of the original decree are unchanged.
4. Thee respondent, who appeared personally, opposed the contentions of the learned counsel for the appellant and submitted that the order was correctly passed by the Shariat Court.
5. We have heard the learned counsel for the appellant and the respondent who appeared personally and also gone through the record. The Judge, Family Court, Mirpur, through an order passed on an application ordered the payment to be made in instalments which was to be paid in instalments of rupees ten thousand each on 6-5-2003, 21-5-2003, 7-6-2003, 21-6-2003 and 31-7- 2003. The learned Judge in the 'Shariat Court on an appeal filed on behalf of the respondent keeping in view the overall facts and circumstances ordered that the amount shall be paid in instalments each of rupees five thousand after every month. The aforesaid order was challenged through the present appeal. The order of payment in instalments was passed on an application which was not challenged by the appellant before the Shariat Court. This shows that the appellant accepted the order of payment in instalments. However, she challenged the order when the same was further modified by the Shariat Court. The learned Judge in the Shariat Court has given reasons for making payment in instalments. We have also considered the arguments addressed by the learned counsel for the appellant and the respondent who appeared personally. In the cases governed under the Azad Jammu and Kashmir Family Courts Act, 1993, the instalments can be made keeping in view the overall circumstances of the case. The relevant section 13(5) is also reproduced:-- "13(5). A Family Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit."
5. A careful consideration shows that the order passed by the learned Judge in the Shariat Court does not require any interference by this Court which has been recorded after due application of the facts and law. No illegality is noticed. Therefore, the appeal merits no consideration which is dismissed.