2012 MLD 259 LAHORE-HIGH-COURT-LAHORE MUHAMMAD IMRAN VS JUDGE FAMILY COURT, BAHAWALPUR S. 5, Sched. & S.7(2)---West Pakistan Family Courts Rules, 1965, R.6---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage, maintenance and recovery of dowry articles---Territorial jurisdiction---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 plaintiffs suit for dissolution of marriage 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---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.
Posted on: Sun, 26 Oct 2014 14:53:09 +0000
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