Law: West Pakistan Family Courts Act, 1964

Section: 1(2),5

Keywords: Result: there shall be no order as to costs MIANGUL HASSAN AURANGZEB, J:- The petitioner (Majid Hussain) and respondent No.1 (Farrah Naz) got married on 08.08.2007 at Tehsil Rawlakot, District Poonch, Azad Jammu and Kashmir ("AJ K"). Subsequently, the relations between the petitioner and respondent No.1 turned sour. On 11.07.2015, respondent No.1 filed a suit for dissolution of marriage on the basis of Khula before the Court of Senior Civil Judge, Islamabad, exercising the powers of Judge, Family Court. On 14.03.2016, the petitioner filed an application under Sections 1(2) 5 of the West Pakistan Family Courts Act, 1964, read with Rule 5 of the West Pakistan Family Courts Rules, 1965, for the return of the plaint for its presentation before a court of competent jurisdiction. Respondent No.1 contested this application by filing a reply on 18.03.2016. Vide order dated 31.03.2016, the learned Judge, Family Court dismissed the said application and adjourned the matter for the filing of a written statement. Through the instant Writ Petition, the petitioner, impugns the said order dated 31.03.2016. 2. Learned counsel for the petitioner submitted that even though respondent No.1 was residing at Islamabad, the learned Judge, Family Court, Islamabad, had no jurisdiction in the matter because both the petitioner and respondent No.1 are not citizens of Pakistan; that the said contesting parties have their permanent residences at Rawalakot, AJ K, and that their marriage was also solemnized over there; that on 03.09.2015, the petitioner instituted a suit for restitution of conjugal rights at Rawalakot, but the learned Judge Family Court, did not take this vital aspect of the case into consideration while assuming jurisdiction; that respondent No1's temporary visit to Islamabad did not vest the learned Judge Family Court, Islamabad, with jurisdiction over the matter; and that AJ K is a foreign territory for all intents and purposes and their citizens cannot take the benefit of the proviso to Rule 6(b) of the West Pakistan Family Courts Rules 1965. In making his submissions, the learned counsel for the petitioner has placed reliance on the cases of Mst. Fozia Vs.…

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