Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.7(2), proviso---West Pakistan Family Courts Rules, 1965, R.6---Constitution of Pakistan, Art. 199---Constitutional Petition---Suit for recovery of maintenance allowance--- Husband (petitioner) contended that the Family Court had no jurisdiction to adjudicate upon the suit as the wife (respondent) was a permanent resident of place "L" but had filed the suit at place "R"; stating that she was presently residing at place "R"---Validity---Place of residence of the wife, created jurisdiction in the competent court for the types of claims mentioned in S.7(2) of the West Pakistan Family Courts Act, 1964---Procedural technicality, if allowed to rule the choice of forum in family matters, would result in the benefit conferred upon a wife or mother by S. 7(2) of the said Act, in being lost---Statutory intent of second proviso to S.7(2) of the West Pakistan Family Courts Act, 1964, supported the conclusion that the Family Court where the wife was residing, had the jurisdiction to entertain the maintenance suit---Constitutional Petition was dis-missed. Mst. Saadia Yaqoob v. M. Khalid Karim and others 2011 CLC 146 rel. Muhammad Iqbal through Special attorney Faiz Sultan v. Parveen Iqbal PLD 2005 SC 22 fol. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.7(2), proviso---West Pakistan Family Courts Rules, 1965, R.6---Territorial jurisdiction---Procedural technicality, if allowed to rule the choice of forum in family matters, would result in the benefit conferred upon a wife or mother by the S.7(2) of the said Act, in being lost. ORDER KHAWAJA IMTIAZ AHMAD, J.---Through the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the order passed by the learned Judge Family Court, Rawalpindi dated 20-1-2012 has been challenged. 2. The relevant facts for the disposal of this writ petition are that respondent No.2 herein namely Bakhtan Mai filed a suit for recovery of maintenance against the petitioner. She mentioned her address to be resident of District Layyah but showed her present address to be resident of Kamal Abad, Street No.10, Mohallah Ghrotti, Shadman Town,…

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