Law:

Section:

The grievance of the petitioner/husband against the judgment given by the VIIIth Civil and Family Judge Karachi, East, dated 8th January, 1992 is that the Civil Judge, who had passed the judgment had no jurisdiction because the wife who filed the suit for dissolution of marriage as well as for the maintenance of the minor child was ordinarily not the resident of Karachi and she was resident of Tando Adam while the parties after the marriage resided at Hyderabad. He has relied upon the Rule 6 of the Family Court Rules which reads as follows:-   "6. The Court which shall have jurisdiction to try a suit will be that within the local limits of which:-   the cause of action wholly or in part has arisen; or   where the parties resided together :   Provided that in suits for dissolution of marriage or dower, the Court within the local limits of which the wife ordinarily resides shall also have jurisdiction.   As against this contention urged by the learned counsel for the petitioner, learned counsel for the respondent/wife contended that section 5 of the Civil Courts Act, 1964 read with the Schedule governs the situation. According to her the contention urged by the learned counsel for the petitioner could be valid consideration provided that the legislature would have used "permanent" instead of ordinary residence. There is different in permanent and ordinary residence and she opposed the grant of petition.   The above contention urged by the parties arose because Mst. Naseem Bano was married to the petitioner. They resided together and the dower amount was fixed at Rs.7,101. She applied for the dissolution of marriage on the ground of cruelty of conduct, non-maintenance and other pleas, in the Court of VIIIth Civil and Family Judge Karachi East in which she claimed that she is residing at Korangi No. 1 , Karachi. The petitioner contested the case filed written statement and inter alia maintained that the Court at Karachi had no jurisdiction. On the basis of pleadings of the parties the Court framed the following issues:   Whether this Court has got no jurisdiction to entertain the present case?   Whether the…