' This petition for leave to appeal has been directed against the judgment passed by the Sharait Court on 27-10-2001, whereby it while reducing the instalment to the tune of Rs.5,000 per month' as an instalment of Mst. Ulfat Jan, respondent herein, as dower money decreed by the trial Court.
2. The necessary facts, giving rise to the present petition for leave to appeal, are that the respondent filed a suit for recovery of dower money in the Court of Family Judge Poonch, Rawalakot, which was decreed vide judgment and decree dated 18-8-1998 and the learned Judge passed an order for payment of dower money amounting to Rs.2 lacs to respondent forthwith. The petitioner challenged the order of Family Judge Poonch before the Shz-iat Curt of Azad Jammu and Kashmir on 19-9-1999 praying for fixing lesser instalments as he was unable to pay the whole amount of the dower money decreed by the trial Court. The Sharait Court dismissed the appeal of the petitioner with the direction to the Family Judge Poonch to fix instalments of lesser amount vide its judgment dated 2-4-2000. The respondent filed an application for implementation of the decree regarding dower money for payment of total amount on which the petitioner submitted written objections before the executing Court praying for fixation of Rs.5,000 per month as an instalment, but the learned Family Judge ordered the petitioner to pay Rs.10,000 as an instalment per month vide order dated 26-5-2001. On a revision petition moved before the Sharait Court, it vide its order dated, 27-10-2001 reduced the instalment to the tune of Rs.5,000 instead of Rs.10,000 keeping in view the financial position of the petitioner. It is the aforesaid order of the Shariat Court 'which is the subject-matter of present petition for leave to appeal.
3. It was contended by the learned counsel for the petitioner that the instalment fixed by the trial Court is unjustified and the petitioner having very limited sources is unable to pay the huge amount of instalments. It was further contended that the petitioner is jobless having no source of income and having no immovable property, therefore, he was unable to pay the huge amount of instalments. The learned counsel further contended that the trial Court ignored the direction of the Shariat Court. The learned counsel also contended that on a further petition moved before the Shariat Court, the Shariat Court reduced the instalment to the tune of Rs.5,000 instead of Rs.10,000 keeping in view the financial position of the petitioner, however he is also unable to pay the amount of Rs.5,000 as an instalment per month.
' I have heard the learned counsel for the petitioner and perused the relevant record as well as the impugned judgment passed by the Shariat Court. The Shariat Court has already took a lenient view of the matter and reduced the instalment of Rs.10,000 to Rs.5,000 per month. Since no legal question of public importance is involved, therefore, keeping in view the provisions of section 14, subsection (5) of the Family Courts Act, that the judgment of the Shariat Court shall be final and no appeal shall lie against it unless there be a legal question of public importance, I see no justification to grant leave because no legal question of public importance is involved in the instant case.
' The learned Advocates for the petitioner have failed to make out any case for grant of leave. The same, therefore, stands dismissed.