1999 PLP 3401 (MLD)
Mst. PERVEEN AKHTAR — Applicant Versus MUHAMMAD ALI — Respondent
| Citation | 1999 PLP 3401 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. PERVEEN AKHTAR — Applicant Versus MUHAMMAD ALI — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3401 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3401 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3401 (MLD) (Mst. PERVEEN AKHTAR — Applicant Versus MUHAMMAD ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Anwar Sipra for Respondent.
Headnotes / Summary
S. 25-A & Sched.
Application for transfer of case by wife
Territorial jurisdiction--Residence of female would determine territorial jurisdiction of a Court to adjudicate upon matters mentioned in Sched.
Suits of husband were transferred within the territorial jurisdiction of residence of female and where her suit was already pending in the Family Court.
Judgment & Decree
S. 25-A & Sched.
Application for transfer of case by wife
Territorial jurisdiction--Residence of female would determine territorial jurisdiction of a Court to adjudicate upon matters mentioned in Sched.
Suits of husband were transferred within the territorial jurisdiction of residence of female and where her suit was already pending in the Family Court. Mian Muhammad Akram for Applicant. M. Anwar Sipra for Respondent. Petitioner and respondent were husband and wife but have fallen apart. Petitioner instituted a suit for the dissolution of her marriage against the respondent in a Family Court at Vehari. It is stated that respondent also brought the suits for the restitution of conjugal rights and for the recovery of dowry articles against the petitioner in a Family Court at Sadiqabad. Respondent also instituted an application under section 25 of the Guardian and Wards Act for the custody of the minor in a Family Court at Sadiqabad. It is stated that petitioner's suit was prior in time and she is a resident of Vehari. On behalf of respondent, a document has been produced showing that petitioner is a resident of Sadiqabad and not Vehari.
2. Be that as it may, petitioner alleges that she is resident of Vehari. In law, it is the residence of a female which determines the territorial jurisdiction of a Court to adjudicate upon the matters enumerated in the schedule to the Family Courts Act. In this view of the matter, the suits of the respondent A pending in a Family Court at Sadiqabad shall now stand transferred to the Court of Mr. Ghulam Sarwar Qadri, Learned Judge of the Family Court at Vehari where suit of the petitioner is already pending. All the suits shall be consolidated and tried together in accordance with law as exspeditiously as possible. Q.M.H./M.A.K./P-53/L Suit transferred.