Law: Family Courts Rules, 1965

Section: 6

Law: Family Courts Rules, 1965

Section: 6

West Pakistan Family Courts Rules, 1965-------R. 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Territorial jurisdiction of Family Court---Place of residence of wife---Suit filed by wife for dissolution of marriage was returned to wife on the ground that she had failed to produce any document showing her residence at the place where she filed the suit--Validity---Suit for dissolution of marriage or dower, under R.6 of West Pakistan Family Courts Rules, 1965, could be filed within local limit where wife ordinarily resided---High Court in exercise of constitutional jurisdiction set aside the orders passed by both the Courts below and case was remanded to Family Court to proceed in accordance with law---Petition was allowed in circumstances. Rafique Ahmed v. Judge Family Court 1996 CLC 1820 fol. Mushtaque Ahmed Shahani for Petitioner. Riaz Ahmed Soomro for Respondent No. 1. Agha Athar Hussain Pathan, A.A.-G. ORDER GHULAM SARWAR KORAI, J.---Suit for dissolution of marriage was filed by the present petitioner in the Court of learned Family Judge, Sukkur but the plaint was returned to petitioner by the learned trial Court vide order dated 9-4-2009 by observing that the petitioner has failed to produce any document showing residence of petitioner at Sukkur. This order was challenged in appeal before the learned District Judge, Sukkur and the appeal was entrusted to the Court of learned Additional District Judge, Sukkur who vide order dated 19-5-2009 dismissed the appeal and both the orders have been challenged before this Court in shape of the present petition. Heard Mr. Mushtaque Ahmed Shahani learned counsel for the petitioner. Mr. Riaz Ahmed Soomro learned counsel for the respondent No.1 and Mr. Agha Athar Hussain Pathan A.A.-G. According to learned counsel for the petitioner…

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