Law: Family Courts Act, 1964

Section: 5

Law: Family Courts Rules, 1965

Section: 6

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched---Family Courts Rules, 1965, R. 6---Suit for recovery of maintenance allowance---Plaint, return of---Plaintiff through his mother filed a suit for recovery of maintenance allowance before the Family Court within the local limits of which his mother was residing---Family Court returned the plaint for presentation before the Court within the local limits of which father of minor was residing---Validity---Minor son had filed suit for recovery of maintenance allowance through his mother before the Family Court where not only cause of action had arisen in his favour but both the minor and his mother were also residing within the territorial jurisdiction of said Court---Impugned order passed by the Family Court was illegal having no legal effect and same was set aside---Plaintiff was directed to re-present the plaint before Family Court within territorial jurisdiction of which his mother was residing---Family Court was directed to entertain and decide the suit on merits---Constitutional petition was disposed of, in circumstances. Mst. Shabana Begum and 2 others v. Naeem-u-Din 2015 MLD 708 ref. JUDGMENT AZIZ-UR-REHMAN, JUSTICE:---.--- The instant Petition has been filed on 22.05.2018, against the 'impugned orders' dated 20.04.2018 and 25.04.2018, passed by XXXI Family Judge-East Karachi [Respondent No.2 herein] and VIII Family Judge Karachi-East [Respondent No.3] respectively. The relevant brief facts leading to the filing of the instant Petition are that; the Petitioner herein, who is minor, had filed a Family Suit No.Nil of 2018, for Maintenance [Muhammad Affan son of Wasif Khan through her real mother Mst. Rafia Aijaz v. Wasif Khan son of Rab Nawaz], through his mother sometime, in April, 2018, against Wasif Khan who is ex-husband of Mst. Rafia and father of the minor Muhammad Affan, before the Court of XXXI Family Judge, Karachi-East, with prayer as follows:- It is therefore, respectfully prayed on behalf of the above-named plaintiff that this Hon'ble Court may be pleased to pass Judgment and Decree in favour of the plaintiff and against the defendants as follows:- [a] To direct the Defendant to pay the…

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