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2020 SC AJK 120

Mohammad Mumtaz vs Riffat Kousar & others

Citation2020 SC AJK 120
CourtSupreme Court of Azad Jammu and Kashmir
Case No.(1) Civil PLA No.160 of 2020
Date2020-11-26
Judge(s)Raja Saeed Akram Khan
ResultN/A

ORDER

RAJA SAEED AKRAM KHAN, ACJ. The titled Petitions for Leave to Appeal have been directed against the consolidated judgment of the High Court dated 17.02.2020, passed in family appeals No.278, 279 and 280 of 2017, whereby the family appeals filed by the petitioner , herein, have been dismissed. The petitions for leave to appeal arise out of against the consolidated judgment of the High Court, therefore, these are disposed of through consolidated order .

2. The facts necessary for disposal of the petitions for leave to appeal are that respondent/plaintif f Mst. Riffat Kousar filed two separate suits, one for recovery of maintenance allowance and second for dissolution of marriage before the Additional District Judge Dadyal, empowered as Judge Family Court Dudyal. The respondent/plaintif averred in the suit of recovery of maintenance allowance that the marriage between the spouses was solemnized on 16.01.2010 and out of wedlock, respondent No.2 was born on 04.11.2010 and after the 8 days of the birth of respondents No.2, petitioner/defendant left her in her parents' house and promised her that he will pay maintenance allowance to them, however , they never to came meet her nor paid maintenance to them. He further averred that her husband is a contractor and earning around 40/45 thousands per month. On filing of suit appellant/defendant was summoned, who submitted written statement on 10.03.2016, wherein he denied all the stance taken by respondent/defendant. In the second suit filed for dissolution of marriage of respondent/plaintif f claimed that the behavior of the appellant/defendant remained very harsh during their matrimonial life, therefore, he requested for decree for dissolution of marriage on the basis of cruelty , maltreatment and alternative on the basis of Khulla.

One suit was filed by the petition, herein, for conjugal rights, wherein he averred that he and respondent are living happy live and out of their wedlock a male child has also born, however , on the instigation of mother of respondent, she left the house of the petitioner , herein , and never came back. He further averr ed that he tried his level best to take respondent back, but due to her mother make hurdle for doing so. He praye d for restitution of conjugal right may be passed in his favor .

3. On 26th October , 2020, the petition has deposited Rs 20,000/0 out of the decretal amount towards the maintenance of the minor . The learned counsel for the respondent, submitted that if the petitioner shall deposit Rs.20,000/- more out of the decretal amount than he has no objection for granting the leave.

5. Leave to appeal is, therefore, granted subject to payment of Rs.20,000/- by the petitioner herein. The learned counsel for the petitioner is directed to deposit the amount of security Rs.1000/- each within one month, failing which leave granted order shall automatic ally stands rescinded. The office is directed to proceed further according to law and place the file before me for constitution of bench after its completion.

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