Judgment of Suit for Dissolution of Marriage in Pakistan According to S.1(2) of West Pakistan:
Under S. 1(2) of West Pakistan
Family Courts Act, 1964, residence of one party would give jurisdiction to
Family Court in Pakistan to entertain such suit even though marriage not
solemnized in Pakistan. Suit for dissolution
of marriage in Pakistan according to Rule 6 of West Pakistan Family
Courts Rules, 1965 could be filed in Family Court within whose local limits
wife was ordinarily residing, while suit for recovery of maintenance could be
filed in Family Court within whose local limits cause of action had arisen
wholly or in part. Record showed that wife and her children residing since long
in Pakistan were registered citizens of Pakistan holding national identity
cards. Cause of action as stated by wife had arisen to her in Pakistan. Wife
and her children could invoke and avail jurisdiction of Courts in Pakistan
including Family Courts. High Court dismissed Constitutional petition in
circumstances. Suit for dissolution of marriage in Pakistan and recovery of
maintenance by wife both can be filed together.
Dismissal Seeking Appeal of Husband For Suit by Family Court:
Husband's application seeking
dismissal of suit by Family Court in Pakistan for lacking jurisdiction to try
the same as parties was citizens of State of Azad Jammu and Kashmir. Family
Court dismissed such application. Order of Appellate Court dismissing husband's
appeal not to be competent against such order of Family Court for lacking of an
interim nature was valid. High Court could address question of legality of
order impugned in such appeal. Family Court could summon judgment-debtor- Adopt
coercive measures. Family Court could summon judgment debtor to payment decreed
amount and in case of his refusal could adopt coercive measures against him.
Family Court would not be bound by any particular procedure, but could direct
such recovery in a manner laid 19643 down in S. 13(3) of West Pakistan Family
Courts Act, 4 Suit for dissolution of marriage-Objection of the defendant
regarding territorial jurisdiction of Family Court at place 'B, was rightly
turned down. Suit for dissolution of marriage in Pakistan, maintenance and
recovery of dowry articles can all be joined together.
Family Court Orders for Recovery of Maintenance with Dissolution of Marriage:
Application of defendant bearing
objection regarding territorial jurisdiction of the Court having been dismissed
by the Trial Court, defendant had filed Constitutional petition against such
dismissal. Defendant contended that plaintiff belonged to District K and
marriage was also solemnized in that District, whereas suit filed by the
plaintiff at District B was decided by Court at place B despite defendant
having raised objection with regard to territorial jurisdiction of the Court.
Defendant had himself admitted that plaintiff's suit for dissolution of
marriage in Pakistan and recovery of
maintenance allowance, was decided by the Court at place B and he did
not raise any objection with regard to territorial jurisdiction of the Court.
Objections by the Defendant For Suit:
Latest objection of defendant
with regard to territorial jurisdiction of same Court to try suit for recovery
of dowry articles, was devoid of any force Objection of the defendant regarding
territorial jurisdiction of Family Court at place B, was rightly turned down.
No legal infirmity or unlawful exercise of jurisdiction existed in the order
passed by Family Court. Defendant having no case to invoke the Constitutional
jurisdiction of High Court, petition was dismissed, in circumstances. 5.
Expeditious settlement and disposal of family disputes. Technicalities and
procedure bottle necks for purpose of speedy justice between parties in
shortest possible time and in shortest possible manner. Parties can compromise
at any stage of family case. In the instant case, the parties had led their
evidence PW and contra and while exercising power under S. 12 of Family Courts
Act, a second effort was made by Family Court for a compromise between parties.
