Law: Family Courts Act, 1964

Section: 5

Law: Family Courts Rules, 1965

Section: 6

(a) Family Courts Rules, 1965--- ----R. 6---Family Courts Act (XXXV of 1964), S. 5, Sched.---Suit for recovery of maintenance allowance, dower and dowry articles---Territorial jurisdiction---Determination of---Expression 'ordinarily resides'---Scope---Expression 'ordinarily resides' did not necessarily mean that residence should be long in point of time---Residence for a few days was enough---Court had to examine the place where the wife had chosen to stay regardless of whether she was a permanent resident of the place, whether she had property over there or the length of time she had resided there---Both the courts below had rightly decided the issue of territorial jurisdiction in favour of wife---No illegality or mis-reading and non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Constitutional petition was dismissed in circumstances. Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66 and Anjum Firdous v. Additional District Judge and others 2007 CLC 1433 distinguished. Bibi Anwar Khatoon v. Gulab Shah and 2 others PLD 1988 Kar. 602; Mahbub Ahmad v. First Additional District Judge and another PLD 1976 Kar. 978; Fazal Khitab v. Mst. Naheed Akhtar and another PLD 1979 SC 864; Rafiq Ahmad v. Judge Family Court, Khanewal and another 1996 CLC 1820; Mst. Shahnaz Kausar v. Muhammad Boota PLD 1982 Lah. 350; Mst. Irshad Mai v. Additional District Judge and another 1997 CLC 742; Dicey in his book "Conflict of Laws" at page 96 and "Conflict of Laws" by Graveson, 6th Edition at page 197 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Question of fact could not be gone into by the High Court while exercising constitutional jurisdiction. (c) Family Courts Rules, 1965--- ----R. 6---'Ordinarily resides'---Meaning. Dicey in his book "Conflict of Laws" p.96 rel. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this constitutional petition, the Petitioner has called in question judgments and decrees dated 16.4.2011 and 28.10.2011 passed respectively by Judge Family Court, Gujranwala and Additional District Judge, Gujranwala, whereby the suit for…

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