Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched---West Pakistan Family Courts Rules 1965, R.6---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage---Application for rejection of plaint---Contention of husband was that wife was residing in United Kingdom and Family Court in Pakistan had no jurisdiction to entertain the suit---Application for rejection of plaint was dismissed by the Family Court---Validity---Court in whose jurisdiction cause of action wholly or in part arose or parties were residing or last resided together would have the jurisdiction to entertain the suit---Cause of action had not arisen in Pakistan in the present case---Both the parties were residing in United Kingdom at the time of marriage and they last resided together there---Rule 6 (b) of West Pakistan Family Courts Rules was not applicable to the facts of present case---Wife was not ordinarily residing in Pakistan but both the parties were residing in United Kingdom and their Nikah ceremony and Rukhsati were also performed there---Differences between the parties arose in United Kingdom and matter was adjudicated upon by the Fiqah Council Birmingham of United Kingdom---Wife had filed suit for dissolution of marriage before Family Court in Pakistan in violation of R.6 of West Pakistan Family Courts Rules, 1965---Said Rule did not grant right to wife to institute suit for dissolution of marriage in Pakistan---Temporary visit of wife to Pakistan would not give jurisdiction to Family Court in Pakistan to entertain the suit---Family Court in Pakistan having no jurisdiction to entertain the present suit, impugned order was without lawful authority---Constitutional petition was accepted in circumstances. Rehmatullah v. Mst. Shameem Akhtar 2. Civil Judge 1st, Manserah/Judge Family Court, Mansehra 1997 CLC 16 rel. Sh. Kamran Shehzad for Petitioner. Sardar Muhammad Naseem Khan for Respondent. ORDER SHEZADA MAZHAR, J.--- Brief facts necessary for the disposal of instant writ petition are that respondent No.1 filed a suit for dissolution of marriage on the basis of Khula before the learned Judge Family Court, Rawalpindi which was contested…

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