Law: Family Courts Act, 1964

Section: 7

 Summary

The petitioner challenged the dismissal of his application seeking rejection of the plaint (to the extent of dowry articles) in a composite family suit on the ground of lack of territorial jurisdiction under Rule 6 of the West Pakistan Family Courts Rules, 1965.

The Court held that:

• Although dowry claims alone must be filed where cause of action arises or where parties resided together,
• The law permits composite family suits under Section 7 of the Family Courts Act, 1964, allowing multiple matrimonial reliefs (maintenance, dower, dowry, etc.) to be joined.
• The proviso to Section 7 is enabling, not restrictive, and does not require dissolution of marriage as a precondition for combining claims.
• Once a suit is validly filed (e.g., where wife resides for dower/maintenance), other connected reliefs (including dowry) can also be joined.
• Piecemeal rejection of plaint is not permissible under law.

Accordingly, the Court found no illegality in the trial court’s order and dismissed the petition.