Law:

Section:

West Pakistan Family Courts Rules, 1965------R.6---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.--­Constitution of Pakistan (1973), Art. 199---Constitutional petition---Refusal to exercise jurisdiction on wrong assumption---Effect---Suit for dissolution of marriage---Dismissal of suit for lack of territorial jurisdiction---Words "ordinarily resides", as used in R.6, West Pakistan Family Courts Rules, 1965---Connotation---Proviso to R.6, West Pakistan Family Courts Rules, 1965, enables estranged wife to file suit for dissolution of marriage within local limits of which she ordinarily resides---Petitioner's husband and parents were resident of different place while she was residing at another place earning her own livelihood, thus, ordinarily residing at a place different from where her parents and husband resided---Words "ordinarily resides" must be construed in the context of estranged wife who had left her husband's abode and had sought residence at any other place of her own choice; such place of her choice would answer to the concept "ordinarily resides "---Petitioner ordinarily residing at a place of her choice, after separation from her husband, was, thus, competent to bring suit for dissolution of marriage in the Court of that place--­High Court ordinarily would not go into question of fact in exercise of its Constitutional jurisdiction but where findings of Courts below on the face of record appeared to be perverse or based on no evidence (as in petitioner's case) High Court even in Constitutional jurisdiction could take different view---Both Courts below having unlawfully refused to exercise their jurisdiction on wrong assumption that they did not have such jurisdiction, their s were set aside and case was remanded to Trial Court for decision on merits within specified period. Conflict of Laws by Dicey, p. 96; Conflict of Laws by Graveson, 6th Edn., p.196; PLD 1988 Kar. 602; PLD 1976 Kar. 978 and PLD 1979 SC 864 rel. ORDER Mst. Irshad Maee petitioner filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and challenged the legality of judgment passed by Civil Judge/Judge Family Court,…

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