2010 PLP 403 (CLC)
Mst. FOZIA — Petitioner Versus AZIZULLAH and 2 others — Respondents
| Citation | 2010 PLP 403 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Mst. FOZIA — Petitioner Versus AZIZULLAH and 2 others — Respondents |
| Primary Law | West Pakistan Family Courts Rules, 1965 |
Q1: What are the key laws and sections cited in 2010 PLP 403 (CLC)?
This judgment primarily cites: West Pakistan Family Courts Rules, 1965 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 403 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 403 (CLC) (Mst. FOZIA — Petitioner Versus AZIZULLAH and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushtaque Ahmed Shahani for Petitioner.
- Riaz Ahmed Soomro for Respondent No. 1.
Headnotes / Summary
R. 6
Constitution of Pakistan (1973), Art.199
Constitutional petition
Territorial jurisdiction of Family Court
Suit filed by wife for dissolution of marriage was returned to wife on the ground that she had failed to produce any document showing her residence at the place where she filed the suit--Validity
Suit for dissolution of marriage or dower, under R.6 of West Pakistan Family Courts Rules, 1965, could be filed within local limit where wife ordinarily resided
High Court in exercise of constitutional jurisdiction set aside the orders passed by both the Courts below and case was remanded to Family Court to proceed in accordance with law
Petition was allowed in circumstances.
Judgment & Decree
GHULAM SARWAR KORAI, J.
Suit for dissolution of marriage was filed by the present petitioner in the Court of learned Family Judge, Sukkur but the plaint was returned to petitioner by the learned trial Court vide order dated 9-4-2009 by observing that the petitioner has failed to produce any document showing residence of petitioner at Sukkur. This order was challenged in appeal before the learned District Judge, Sukkur and the appeal was entrusted to the Court of learned Additional District Judge, Sukkur who vide order dated 19-5-2009 dismissed the appeal and both the orders have been challenged before this Court in shape of the present petition. Heard Mr. Mushtaque Ahmed Shahani learned counsel for the petitioner. Mr. Riaz Ahmed Soomro learned counsel for the respondent No.1 and Mr. Agha Athar Hussain Pathan A.A.-G. According to learned counsel for the petitioner suit has been properly filed by the petitioner in the Court of learned Family Judge, Sukkur as according to rule 6 of West Pakistan Family Courts Rules, 1965 there are three conditions for filing of suit for dissolution of marriage or dower. The rule 6 of the said rules is reproduced as under:
"
6. The Court which shall have jurisdiction to try a suit will be that within the local limits of which. (a) .. (b) .. Provided that in suits for dissolution of marriage or dower, the Court within the local limits of which the wife ordinarily resides shall also have jurisdiction." In support of his contention learned counsel for the petitioner has relied upon a case of Rafique Ahnied v. Judge Family Court 1996 CLC 1820 while Mr. Riaz Ahmed learned counsel for the respondent No.1 and Mr. Agha Athar Hussain Pathan learned A.A.-G. support the orders of appellate Court and trial Court. Since it is very much clear from the text as referred above, the suit for dissolution of marriage or dower can be filed within local limits for which wife ordinarily resides and I agree with the observations given by Lahore High Court in the case of Rafiq Ahmed Vs. Judge Family Court as mentioned above. I therefore allow this constitutional petition set aside the impugned orders of Appellate Court and trial Court and remand the case to the trial Court viz. Family Judge Sukkur to proceed with the case in accordance with law. C.P. No.S-594 of 2009 stands disposed of. M.H./F-29/K Petition allowed.