Law: Pakistan Citizenship Act, 1951

Section: 14-B

Summary – Legal Core Points Issue: Petitioner challenged the Family Court's order returning her khula suit for lack of territorial jurisdiction and the appellate court's dismissal of her appeal. Petitioner's Argument: She claimed jurisdiction of Islamabad Family Court on the basis that her father had migrated from Kashmir, was a Pakistani citizen, served in Islamabad, and therefore she should also be treated as a Pakistani citizen. Court's Findings: Both parties were subjects of Azad Jammu & Kashmir (AJK). The marriage was solemnized and the Nikahnama was registered in AJK. Petitioner admitted these facts and only stated she had been residing at a shelter home in Islamabad for the last 5–6 months. Mere residence in Islamabad did not create territorial jurisdiction. Legal Principle: Relying on Majid Hussain v. Farah Naz (2017 YLR 84) and Inam-ul-Haq v. Chairman FPSC (2005 SCMR 622), the Court held that: Subjects of the State of Jammu & Kashmir are distinct under Section 14-B of the Pakistan Citizenship Act, 1951. To maintain a family suit before an Islamabad Family Court, the plaintiff must establish that a cause of action arose within its territorial jurisdiction. Held: The petitioner failed to establish the necessary jurisdictional facts. The concurrent findings of the Family Court and Appellate Court were upheld. Result: Writ petition dismissed in limine (dismissed at the preliminary stage without further proceedings).         JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J. This Regular First Appeal is directed against the judgment and decree dated 10.06.2005, passed by the Court of the learned Civil Judge, Islamabad, whereby the suit for specific performance, declaration, permanent injunction, etc., instituted by the appellant, was dismissed.  The facts leading to the filing of the present appeal are that respondents No.1 to 14 as per the revenue record were the owners in possession of the land situated in Khasra No.259, Mouza Jandala, Tehsil and District Islamabad. On 17.09.1995, respondent No.1 (Mehmood Akthar) and respondent No.5 (Sher Ahmed) entered into an agreement to sell with the appellant for a…