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---Maintenance of wife and minor children who were foreign nationals---Jurisdiction of Family Court---Scope---Suit of the respondent/wife for dissolution of marriage, recovery of maintenance and dowry articles was partially decreed by the Trial Court and appeal of the petitioner/husband was dismissed---Maintainability---Admittedly, respondent/wife and the petitioner/husband had moved to a foreign country to reside there only after a couple of months of their marriage where the minors were born---Since their marriage, respondent/wife and her husband/ respondent along with the minors visited Pakistan only two to three times---Minors were foreign citizens by birth who were admittedly residing there---Nothing was produced in evidence to establish intentions of the respondents to reside in Pakistan---Income of the petitioner/husband was accruing in foreign country where admittedly he was working and all expenses for the maintenance of respondents were to be incurred in the country where they were residing---Not only the parties were residing in the foreign country but the cause of action for their maintenance also apparently arose there upon which the courts of that foreign country could exercise jurisdiction---Suit for the recovery of maintenance of respondents was not maintainable before the Family Court at Pakistan---Courts below had manifestly acted in disregard of R. 6 of Family Courts Rules, 1965, while deciding the relevant issue in negative i.e. against the petitioner/husband and in favour of the respondents---Impugned s and decree of maintenance passed by the courts below were set aside and suit for the maintenance of respondents was dismissed for lack of jurisdiction---Petition was allowed, in circumstances. JUDGMENT RAHEEL KAMRAN, J.---Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) the petitioners have assailed the judgment and decree dated 07.09.2019 passed by the learned Judge Family Court, Phalia whereby suit for dissolution of marriage, recovery of maintenance and dowry articles instituted by…

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