Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched:---.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for dissolution of marriage on the ground of Khula and maintenance allowance---Territorial jurisdiction---Question of---Scope---Judge Family Court had dismissed application challenging territorial jurisdiction of the court without recording evidence and even framing the issue---Judge Family Court had relied on a document issued by Lambardar without examining the credibility of the same---Question of jurisdiction should be decided at the first instance---Impugned order was against law and facts of the case and as such could not sustain in the eye of law---High Court set aside the impugned order and directed Judge Family Court to frame a preliminary issue' for ascertaining its territorial jurisdiction and if the court was of the opinion that the issue could not be decided without recording evidence, the court would record the same and would allow full opportunity to both the parties to explain their case with further direction to decide suit within 3 months from receipt of the present order. THIS ORDER PASSED BY: MUHAMMAD KHALID MEHMOOD KHAN, JUSTICE:--- .--- The respondent No.1 on 18-1-2010 filed a suit for dissolution of marriage against the petitioner on the ground of Khula and also for payment of maintenance before the Family Court Johar Abad. The petitioner filed written statement, challenging the territorial jurisdiction of the learned Family Court. The petitioner on 17-4-2010 filed an application before the learned Fancily Court praying to frame an issue regarding the territorial jurisdiction of the Court and decide the said issue before the commencement of trial. The learned Family Court vide order dated 30-4-2010 dismissed the application. Tice petitioner assailed this order through the present writ petition. 2. Learned counsel for the petitioner submits that the learned Family Court was bound to decide the objection of territorial jurisdiction of the Court raised through an independent application. He submits that the learned trial Court was bound to decide the issue of jurisdiction first and separately from…

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