Law: Family Courts Rules, 1965

Section: 5,6

Law: Pakistan Citizenship Act, 1951

Section: 14-B

Law: Family Courts Act, 1964

Section: 1(2),5,Schedule

Family Courts Rules, 1965---.--- ---.----Rr. 5 & 6---.---Family Courts Act (XXXV of 1964), S. 5, Sched & S.1(2)---.---Pakistan Citizenship Act (II of 1951), S. 14-B---.---Dissolution of marriage---.---Spouses being permanent residents of Azad Jammu and Kashmir---.---Territorial jurisdiction---.---Suit was filed in Pakistan---.---Family Court, jurisdiction of---.---Application for return of plaint---.---Contention of husband was that Family Court in Pakistan had no jurisdiction in the matter as spouses were not citizens of Pakistan---.---Application for return of plaint was dismissed by the Family Court---.---Validity---.---Plaint was silent whether wife was subject of "Held Jammu and Kashmir" or a subject of 'Azad Jammu and Kashmir'---.---If wife had a State Subject Certificate showing that she or her predecessors had migrated to Pakistan from the 'State of Jammu and Kashmir' then she was to be considered as a citizen of Pakistan---.---Merely that wife came from Azad Jammu and Kashmir after her marriage and started living in Pakistan would not make her a citizen of Pakistan---.---Azad Jammu and Kashmir was not included in the territories of Pakistan---.---Parties were permanent residents of Azad Jammu and Kashmir and their marriage was solemnized and registered there---.---No cause of action had accrued at a place in Pakistan---.---If any one or both of the parties to a suit under the provisions of Family Courts Act, 1964 were not citizens of Pakistan, same might not be reason enough to return the plaint or dismiss the suit if a part of cause of action accrued to the plaintiff within the jurisdiction of Family Court where the suit had been instituted or defendant was residing within the jurisdiction of such Court---.---Unless cause of action recognized by law accrued within the jurisdiction of local courts or husband had submitted to the jurisdiction of such local courts then said courts had no jurisdiction in the matter---.---Impugned order passed by the Family Court was set aside and matter was remanded for decision afresh---.---Constitutional petition was allowed in circumstances. Mst. Fozia v. Aziz Ullah 2010 CLC 403; Shahdad Khan v. Judge Family…

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