Updated: Wednesday March 12, 2014/AlArbia'a
Jamada El Oula 11, 1435/Budhavara
Phalguna 21, 1935, at 06:00:09 PM
The Azad Jammu and
[ACT XI OF 1994]
[Dated January 25, 1994]
AN ACT to make provisions for the establishment of
Family Courts
WHEREAS it is expedient to make provision for the establishment of Family
Courts for the expeditious settlement &disposal of disputes relating to
marriage and family affairs and for matters connected therewith; It is hereby
enacted as follows:---
1. Short title, extent and commencement ---- (1) This Act may be called the Azad Jammu and Kashmir
Family Courts Act, 1993.
(2) It extends to the whole of the Azad Jammu and
(3) It shall come into force on such date as the
Government may, by notification in the Official Gazette, appoint.
2. Definitions.---- In this Act, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say,---
(a) "Family Court" means a Court constituted
under this Act;
(b) "Government" means the Azad Government
of the State of
(c) "Party" shall include any person whose
presence as such is considered necessary for a proper decision of the dispute
and whom the Family Court adds as party to such dispute;
(d) "Prescribed" means prescribed by rules
made under this Act.
3. Establishment of Family Courts ----- Government shall establish one or more Family Courts
in each District or at such other place as it may deem necessary and appoint a
judge in each of such Courts.
4. Qualifications of Judges. ---- No person shall be appointed as a Judge of a Family
Court unless he is or has been or is qualified to be a District Judge or an
Additional District Judge or had been an Advocate of High Court for five years.
5. Jurisdiction. ---- The Family Courts shall have exclusive Jurisdiction to
entertain, hear and adjudicate upon matters specified in the Schedule.
6. Place of sitting.- Subject to any general or special orders of
Government in this behalf, a Family Court shall hold its sittings at such place
or places within the district as may be specified by the District Judge.
7. Institution of suits. - (1) Every suit before a Family Court shall be
instituted by the presentation of a plaint or in such other manner and as may
be prescribed.
(2) The plaint shall contain all facts relating to the
dispute and shall contain a schedule giving the number of witnesses intended to
be produced in support of the plaint, the names and addresses of the witnesses
and brief summary of tile facts to which they would depose,---
Provided that the parties may, with the permission of
the Court, call any Witness at any later stage, if the Court considers such
evidence expedient in the interest of justice.
(3) All documents which the plaintiff intends to rely
upon in respect of his claim shall be appended to the plaint.
(4) The plaint shall be accompanied by as many
duplicate copies thereof (including the Schedule and the lists of documents
referred to in sub-section (3), as there are defendants in the suits, for
service upon the defendants.
8. Intimation to defendants. ------ (1) Within three days of the presentation of the
plaint to a Family Court the plaintiff shall send to each defendant by
registered post, a copy of the plaint together with a copy of the schedule as
mentioned in Section 7(2) and copies of all documents mentioned in Section 7
(3).
(2) Save as may otherwise be prescribed, the plaintiff
shall also, within the time specified in sub-section (1), cause notice to be
published in newspapers approved by the Family Court of the fact of his having
filed the plaint.
9. Written statement. ----- (1) Within fifteen days of the service of notice upon
him by registered post or the appearance of a notice in a newspaper, whichever
is earlier, the defendant shall appear in Court and file his written statement.
(2) With the written statement the defendant shall
attach,---
(a) copies of the entire documentary evidence that he
wishes to produce in the case; and
(b) a list of the names and addresses of his witnesses
along with a précis of the evidence that each Witness is expected to give:---
(3) Copies of the written. statement and the documents
referred to in subsection (2) shall be sent by registered post by defendant to
the plaintiff within three days of his filing the written statement,---
Provided that if there are several defendants and they
file a joint written statement, only one of them shall send a copy of the
written statement with the documents mentioned in sub-section (2).
(4) If the defendant fails to appear within the time
specified in sub-section (1), the Family Court may proceed against him ex
parte.
10. Pre-trial proceeding.--- (1) As soon as may be, after the written statement has
been filed, the Court shall fix a date for pre-trial hearing of the case and
issue notices to the parties for attending the Court on the date so fixed.
(2) On the date so fixed, the Court shall examine the
plaint, the written statement (if any) and the precis of evidence and documents
filed by the parties and shall also, if it so deems fit, record the statement
of parties or their counsel.
(3) At the pre-trial hearing, the Court shall
ascertain the points at issue between the parties and attempt to effect a
compromise or reconciliation between the parties, if this be possible.
(4) If no compromise or reconciliation is possible,
the Court shall frame the issues in the case and fix a date for evidence.
11. Recording of evidence.---- (1) On the date fixed for recording of evidence, the
Family Court shall examine the witnesses produced by the parties in such order
as it deems fit.
(2) The Court shall not issue any summons for the
appearance of any witness unless, within three days of the framing of issues,
any party intimates the Court that it desires a witness to be summoned through
the Court and the Court is satisfied that it is not possible or practicable for
such party to produce the witness.
(3) The witnesses shall give their evidence in their
own words and no question shall be put to them by any party or any counsel of a
party by way of examination-in-chief, cross examination or re-examination:---
Provided that the Court may, if it so deems fit, put
any question to any witness for the purpose of elucidation of any point which
it considers material in the case.
(4) The Family Court may permit tile evidence of any
witness to be given by means of an affidavit:---
Provided that if the Court deems fit it may call such
witness for tile purpose of, examination in accordance with sub-section (3).
12. Conclusion of trial. ----- (1) After the close of evidence of both sides, the
Family Court shall make another effort to effect a compromise or reconciliation
between the parties.
(2) If such compromise or reconciliation is not
arrived at, the Family Court shall announce its judgment and give a decree:---
Provided that, a Family Court shall finally decide a
case before it, within a period of four months from the date of the
presentation of the plaint.
13. Enforcement of decrees. ----- (1) The Family Court shall pass a decree in such form
and in such manner as may be prescribed, and shall enter its particulars in the
prescribed register.
(2) if any money is paid or any property is delivered
in the presence of the Family Court, in satisfaction of the decree, it shall
enter the fact of payment and the delivery of property, as the case may be, in
the aforesaid register.
(3) Where a decree relates to the payment of money and
tile decorate amount is not paid within the time specified by the Court, the
same shall, if the Court so directs, be recovered as arrears of land revenue,
and on recovery shall be paid to the decree-holder.
(4) The decree shall be executed by the Court passing
or by such other
(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
installments as it deems fit.
14. Appeals. -
(1) Notwithstanding anything provided in any other law for the time being in
force, a decision or a decree passed by a Family Court shall be appealable to
the Azad Jammu and Kashmir Shariat Court only.
(2) No appeal shall lie from a decree passed by a
Family Court,---
(a) for dissolution of marriage, except in the case of
dissolution for reasons specified in clause (d) of item (viii) of Section 2 of
the Dissolution of Muslim Marriages Act, 1939;
(b) for dower not exceeding rupees one thousand;
(c) for maintenance of rupees seventy-five or less per
month.
(3) Every appeal under this Act shall be decided by
the appellate Court within a period of sixty days, from the date of
presentation of appeal.
(4) Subject to the provisions of sub-section (5) the
order of the
(5) An appeal to the Supreme Court of Azad Jammu and
Kashmir from judgment, decree or order of the
15. Power of Family Court to summon witnesses.---- (1) A Family Court may issue summons to any person to
appear and give evidence, or to produce or cause the production of any
document:---
Provided that--- (a) no person who is exempted from
personal appearance in a Court under sub-section (1) of Section 133 of the Code
of Civil Procedure, 1908, shall be required to appear in person;
(b) a Family Court may refuse to summon a witness or
to enforce a summons already issued against a witness when, in the opinion of
the Court, the attendance of the witness cannot be procured without such delay,
expense or inconvenience or in the circumstances would be unreasonable.
(2) If any person to whom a Family Court has issued
summons to appear and give evidence or to cause the production of any document
before it, willfully disobeys such summons, the Family Court may take
cognizance of such disobedience, and after giving such person an opportunity to
explain, sentence him to a fine not exceeding one hundred rupees.
16. Contempt of Family Courts.----- A. person shall be guilty of contempt of the Family
Court if he, without lawful excuse,---
(a) offers any insult to the Family Court; or
(b) causes an interruption in the work of the Family
Court; or
(c) refuses to answer any question put by the Family
Court, which lie is bound to answer; or
(d) refuses to take oath to state the truth or to sign
any statement made by him in the Family Court;
and the Family Court may forthwith try such person for
such contempt and sentence him to a fine not exceeding rupees two hundred.
17. Provisions of Evidence Act and Code of Civil
Procedure not to apply.---- (1) Save
as otherwise expressly provided by or under this Act, the provisions of the
Qanun-e-Shahadat as in force in Azad Kashmir and the Code of Civil Procedure,
1908, shall not apply to proceedings before any Family Court.
(2) Section 8 to 11 of the Oaths Act, 1873 shall apply
to all proceedings before the Family Courts.
18. Appearance through agents. ---- If a person required under this Act to appear before a
Family Court, otherwise than as a witness, is a pardahnashin lady, the Family
Court may permit her to be represented by a duly authorized agent.
19. Court fees.- Notwithstanding anything to the contrary contained in the Court Fees
Act, 1872, no court-fees shall be charged on ay plaint filed before a Family
Court.
20. Investment of powers of Magistrates on Judges. ---
Government may invest any Judge of a
Family Court -with powers of Magistrate First Class to hear the case under
Section 488 of the Code of Criminal Procedure, 1898.
21. Family Court deemed to be a District Court for
purposes of Guardians and Wards Act, 1890.- A Family Court shall be deemed to be District Court for the purposes
of the, Guardians and Wards Act, 1890, and notwithstanding anything contained
in this Act shall in dealing with matters specified in that Act, follow the
procedure prescribed in that Act.
22. Power to make rules. ----- (1) Government may, by notification in the Official
Gazette, make rules to carry into effect the provisions of this Act.
(2) Without prejudice to the generality of the
provisions contained in sub-section (1), the rules so made may, among other
matters, provide for the procedure, which shall not be inconsistent with the
provisions of this Act, to be followed by the Family Courts.
SCHEDULE
(See Section 5)
1. Dissolution of marriage.
2. Dower.
3. Maintenance.
4. Restitution of conjugal rights.
5. Custody of children.
6. Guardianship.
This Act of the Legislative Assembly was assented to
by the President on 19-1-1994 and published in the Gazette of AJ&K on
25-1-1994
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