Section 20 : Investment of powers of Magistrates on Judges
2003 YLR 3261 SHARIAT-COURT-AZAD-KASHMIR
SHER ZAMAN VS Mst. CHALLANDRA BABI
—-S.20 & Sched.—Criminal Procedure Code (V of 1898), S.488—Suit for payment of past maintenance allowance—Plaintiff (wife) had claimed that she had been forcibly ousted from the house of defendant (husband) and defendant who did not try to populate her and had solemnized another marriage had not paid any maintenance allowance since the time she was ousted from the house—Family Court ordered the defendant to pay maintenance allowance from the date she was ousted till the date of decision of the case–¬Validity—Decree for past maintenance under Azad Jammu and Kashmir Family Courts Act, 1993, could not be granted—Proceedings to enforce right of maintenance under Azad Jammu and Kashmir Family Courts Act, 1993 and under S. 488, Cr. P. C., were quite distinct and different in nature as former were civil while latter were criminal or quasi-criminal and different proceedings were provided for conduct of the two proceedings—Family Court, in circumstances, was not at all empowered to issue order for recovery of pass maintenance allowance—Plaintiff, however, was entitled to maintenance allowance from the date of presenting her application till the date of decision of the Court—Order passed erroneously, illegally by the Family Court was not sustainable and was modified accordingly by the Shariat Court.
2003 YLR 2650 SHARIAT-COURT-AZAD-KASHMIR
TAHIR ANSAR VS Mst. MAKHMAL JAN
—-S.20 & Sched.—Criminal Procedure Code (V of 1898), S.488—Maintenance—Past maintenance, grant of—Grant of past maintenance is beyond the scope of Family Court under S.20, Azad Jammu and Kashmir Family Courts Act, 1993—Family Court is empowered to allow “maintenance” which implies and connotes the allowance or expenses for current and recurring needs and not the amount spent in the past—If the maintenance was not claimed before the date of application, it would mean that it was not needed—Maintenance can be allowed from the date of order or from the date of application for maintenance even under S. 488, Cr. P. C. and not preceding that.
2000 YLR 619 SHARIAT-COURT-AZAD-KASHMIR
NASHADA BEGUM VS MUHAMMAD AYUB’KHAN
Azad Jammu and Kashmir Family Courts Act 1993 —-Ss.5 & 20—Criminal Procedure Code (V of 1898), S.488—Application for maintenance—Jurisdiction of Magistrate First Class—Jurisdiction of Magistrate First Class having power under 5.488, Cr. P. C. stands ousted under provisions of S.20 of Azad Jammu and Kashmir Family Courts Act, 1993.