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PLD 2024 High Court (AJ&K) 19

Syed Zakir Hussain Shah vs Mst. Khatoon Bibi and 4 others

CitationPLD 2024 High Court (AJ&K) 19
CourtHigh Court of Azad Jammu and Kashmir
Case No.Family Appeal No. 153 of 2023
Date2024-02-06
Judge(s)Syed Shahid Bahar
ResultOrder accordingly

SYED SHAHID BAHAR, J. The above titled appeal has been filed to set aside the impugned judgment and decree passed by learned Family Court Jhelum Valley dated 19.04.2023.

The instant lis has been brought before the Court under the special law of Family Court. With the consent of both the parties, the instant lis is disposed of in the infra manner:--

1. As the appellant, Syed Zakir Hussain Shah, has already deposited Rs.3,30,000/- in compliance of order of this Court under the head of maintenance allowance in account of the respondent, Khatoon Bibi and remaining, outstanding amount is Rs. 1,28,000/- as per record. The appellant shall deposit the remaining amount in the account of respondent, Khatoon Bibi, continuously in every month 'till satisfaction of the said amount.

2. The amount of monthly maintenance fixed by the Family Court is modified from Rs.20,000/- to Rs.10,000/- per month while Rs.5,000/- fixed for the minor kid is maintained. Thus, the appellant shall deposit Rs.1,0,000/- in the head of maintenance for Khatoon Bibi, respondent and Rs.5,000/- in the head of maintenance allowance for minor kid, Abdul Ghani, in the account of respondent Khatoon Bibi in every month regularly in accordance with law.

3. The amount in toto to be deposited by the appellant is fixed as Rs.30,000/- per month i.e. Rs.10,000/- monthly modified maintenance for Khatoon Bibi and Rs.5.000/- for kid in the head of maintenance while Rs. 15,000/- in the head of outstanding amount of (1,28,000/- till it is satisfied).

However, when the outstanding amount of Rs. 1,28,000/-from outstanding amount of maintenance is satisfied then the appellant shall only deposit Rs.15,000/- per month 10 thousand maintenance for Khatoon Bibi and 05 thousand for kid Abdul Ghani.

Before parting with the decision, it is worthwhile to mention here that the Court while embarking upon the findings of Family Court in its appellate jurisdiction for all practical purposes enter in the shoes of trial Court, thus, an attempt for reconciliation should be made for amicable settlement, rationally hoping to tie up the parties rather than to break up.

(Underlining is for emphasis)

The instant appeal stands disposed of in the manner as indicated above. File shall be kept in archive.

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