| Citation(s) |
|---|
| 2018 SLG 2281 2018 SLD 2281 2018 PLJ 606 |
Lahore High Court
W.P. No. 29052 of 2016, decision & hearing Dated: 09.11.2017.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Mr. Abdur Rauf, Advocate for Petitioners. Mr. Muzaffar Ali, Advocate for
Respondent No. 3.
W.P. No. 29052 of 2016, decision & hearing Dated: 09.11.2017.
MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE
Mr. Abdur Rauf, Advocate for Petitioners. Mr. Muzaffar Ali, Advocate for
Respondent No. 3.
SAJIDA BIBI AND OTHERS
VS
ADDITIONAL DISTRICT JUDGE & OTHERS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Muslim Family Laws Ordinance, 1961--Article 9, 10--Suit for recovery of maintenance allowance and gold ornaments--Partly decreed--Appeal--Allowed--Suit was dismissed with cost Territorial Jurisdiction--Challenge to--Where a person has a permanent dwelling at one place and also has temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at place where he has such temporary residence. Family Courts Act, 1964-- ----S. 7(2)--Ordinary resides--Jurisdiction--Residence should be long in point of time--Residence of few days was enough--Family Court where wife resides, has jurisdiction qua all such matters--Normal rule has been relaxed for convenience of wife--Place of residence of wife created jurisdiction in competent Court for all types of cases mentioned in the Act. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE---.--- Through instant petition, petitioner has assailed judgments and decrees dated 26.10.2015 and 28.06.2016, passed by learned Judge Family Court and Additional District Judge, Depalpur, respectively, with the following prayer:-- "It is, therefore, most respectfully prayed that this Writ Petition may very kindly be allowed with cost through-out while setting aside the impugned judgments and decrees dated 28.06.2016 and 26.10.2015 passed by Respondent No-1 and Respondent-2 on following terms:-- That the Petitioner-1 alongwith both the minors (Petitioner-2 & Petitioner-3) are entitled for recovery of monthly sum of maintenance allowance of Rs. 35000/- from Respondent-3 with effect from the date of throwing out i.e. 30.07.2009 to onward. That the Petitioner-1 is entitled for recovery of 4 Tola Gold Ornaments or alternate market price in lieu thereof from Respondent-3." 2. Brief facts of the case are that suit filed by petitioners was party decreed by learned Judge Family Court, vide judgment and decree dated 26.10.2015, whereby claim of Petitioner No. 1 regarding recovery of maintenance allowance and gold ornaments was declined. Petitioners No. 2 & 3 were held entitled to get maintenance allowance @…
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