Law: Family Courts Act, 1964

Section: 7,5,7(2)

Law: Family Courts Rules, 1965

Section: 6,6(a)

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 7 & 5---West Pakistan Family Courts Rules, 1965, R. 6---Institution of suit---Determination of place of jurisdiction---Wife/applicant filed suit for dissolution of marriage, recovery maintenance allowance and dowry at place "L", whereas husband had filed suit for restitution of conjugal rights and for obtaining guardianship of minor before Family Court at place "P"---Contention of the wife was that convenience of wife took precedence in the choice of the forum, therefore, all proceedings be transferred to place "L"---Validity---According to R.6(a) of the West Pakistan Family Courts Rules, 1965 the first ground for determination of territorial jurisdiction was the place where the cause of action wholly or in part arose, and in custody or guardianship matter, if the minor was with the mother and had been illegally removed from her custody, at the place of her residence, cause of action shall be said to have arisen at such a place; otherwise the cause shall be deemed to have arisen where the minor was residing---Suit for restoration of conjugal rights, in the present case, must stand transferred to place "L" under principle laid down in S.7(2) of the West Pakistan Family Courts Act, 1964 read with R.6 of the West Pakistan Family Courts Rules, 1965---As far as the guardianship matter was concerned, there was not enough evidence to show that father had snatched minor from mother's custody therefore, the guardianship matter in respect of minor who was residing with father at place "P" was liable to be heard by the Courts of District of place "P"; however, such finding was subject to any evidence brought by wife before competent court on record to demonstrate that child was snatched from her custody by the father---Application was disposed of, accordingly. Muhammad Iqbal v. Parveen Iqbal PLD 2005 SC 22 rel. ORDER UMAR ATA BANDIAL, C J.---This is an application seeking transfer of two proceedings filed by respondent, one .for restitution of conjugal rights pending before the learned Judge Family Court, Pakpattan Sharif and the other for obtaining guardianship of the minor daughter of marriage, namely Abeeha…

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