Rule of dissolution of marriage in Pakistan

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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 Pakista... 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. 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.
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. 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.
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