Law:

Section:

Pakistan Citizenship Act (II of 1951)-------Ss. 3 & 14---West Pakistan Family Courts Act (XXXV of 1964), S 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Plaintiff being citizen of Azad Jammu and Kashmir filed suit for dissolution of marriage at ' M' in Azad Jammu and Kashmir and remained unsuccessful there up to level of Supreme Court .--Plaintiff thereafter filed suit at "Mansehra" in North-West Frontier Province (Pakistan) and succeeded in securing decree for dissolution of marriage on ground of Khula'---Validity---State Subjects of Jammu and Kashmir could not hold dual citizenship or being subject of State of Jammu and Kashmir and having migrated to Pakistan with intention of residing therein until such time as relationship between Pakistan and that State was finally determined, would without prejudice to their status as such subject, be citizen of Pakistan in terms of S. 14-B, Pakistan Citizenship Act, 1951--­Pakistan Citizenship Act, 1951, would not, thus, apply to parties and they could not be deemed to be citizens of Pakistan at commencement of the Pakistan Citizenship Act, 1951 in terms of its S. 3---Plaintiff who was subject of State of Jammu and Kashmir after having failed to get her marriage dissolved in Azad Kashmir by taking afterwards temporarily residence in territory of Pakistan could not get decree for dissolution of marriage from Family Court---Family Court at Mansehra (Pakistan), therefore, had no jurisdiction to entertain a like family suit between spouses or make any decision upon dissolution of marriage between spouses---Judgment and decree rendered by Family Court at Mansehra was declared to be without lawful authority and of no legal effect. Federation of Pakistan v. Mst. Farishta PLD 1981 SC 120 ref. JUDGMENT MEHBOOB ALI KHAN, J.---This Constitutional petition arises in the circumstances that follows. 2. Rehmatullah son of Abdullah and Mst. Shamim Akhtar daughter of Muhammad Miskin are subject of the State of Azad Jammu & Kashmir. They were married as husband and wife at Muzaffarabad in the year, 1981. The lady lived in the wedlock for about three years and a baby was also born. The…

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