Law: Family Courts Rules, 1965

Section: 5,6

Law: Family Courts Act, 1964

Section: Schedule,7

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ---Ss. 5, 7(2) & Sched. [as amended by Family Courts (Amendment) Act (VII of 1997)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Territorial jurisdiction---Determining factor---Suit for recovery of dowry articles was filed by wife at place "L"---Husband resisted the suit on the ground that place of residence of wife was at place "G" therefore, suit at place "L" was not maintainable----Validity---It was wife's right to bring the suit within the local limits of Family Court, where she ordinarily resided---Ordinary residence could not be determined through hard and fast rules---Intention of wife to stay at a particular place was material and not length of stay---Neither Civil Procedure Code, 1908, nor Qanun-e-Shahadat, 1984, was applicable to the matters falling within the jurisdiction of Family Court---It was the ordinary residence which was determining factor for jurisdiction of Family Court---Wife had filed suit for recovery of dowry articles as far back as in year, 2001 and as yet she had not succeeded in getting her case/suit decided on merits---Parties had been fighting on technicalities for the past seven years and the case was yet to be decided on merits---High Court directed Family Court to decide pending suit of wife expeditiously---Petition was dismissed in circumstances. Syed Zia ul Hassan Gilani v. Mian Khadim Hussain and 7 others PLD 2001 Lah. 1188; Muhammad Bashir and 2 others v. Muhammad Firdos and others PLD 1988 SC 232; Muhammad Akram v. Mst. Shahida Perveen and others PLD 2004 Lah. 249; Nazir Ahmad v. District Judge 1996 MLD 2017 and Mahboob Ahmad v. First Additional District Judge and another PLD 1976 Kar. 978 ref. Muhammad Iqbal v. Perveen Iqbal PLD 2005 SC 22 rel. (b) Interpretation of statutes--- ----Rules---Provisions of statute and rules made thereunder are to be read in conjunction---Rules cannot be read in isolation. ORDER SYED HAMID ALI SHAH, J.---Suit of respondent No.2 for the recovery of dowry articles or value thereof in the sum of Rs.6,99,075, was instituted in the Family Court at Lahore. Learned Judge, Family Court, vide judgment and decree dated…

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