| Case ID |
e343ddd8-07ef-4ebf-b1ef-aee60e2114d2 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 1271 of 2016 |
| Decision Date |
Sep 05, 2016 |
| Hearing Date |
Jun 07, 2016 |
| Decision |
The Islamabad High Court allowed the constitutional petition filed by Majid Hussain, setting aside the Family Court's order which dismissed his application for the return of the plaint. The court noted that both parties were permanent residents of Azad Jammu and Kashmir, and the Family Court in Islamabad lacked jurisdiction over the matter as no cause of action had occurred within its jurisdiction. The case was remanded for a fresh decision, emphasizing that jurisdiction must be established based on the parties' residency and the location of the cause of action. |
| Summary |
This case revolves around the jurisdiction of the Family Court concerning a dissolution of marriage suit filed by Farrah Naz against her husband Majid Hussain. The marriage took place in Azad Jammu and Kashmir, and the couple later faced marital discord, leading to the filing of the suit in Islamabad. The petitioner argued that the Family Court in Islamabad lacked jurisdiction since both parties were residents of Azad Jammu and Kashmir and not citizens of Pakistan. The Islamabad High Court ultimately decided that the Family Court's dismissal of the petitioner's application was erroneous, highlighting the importance of establishing jurisdiction based on the residency of the parties and the location of the cause of action. The court's ruling underscores the complexities of family law in Pakistan, particularly concerning jurisdictional issues involving parties from regions with distinct legal statuses such as Azad Jammu and Kashmir. The decision reinforces the need for careful consideration of jurisdictional parameters in family law cases, especially in the context of cross-border marriages and separations. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB, JUSTICE
|
| Lawyers |
Malik Shaukat Nawaz for Petitioner,
Ms. Shabana Rafique for Respondent No.1
|
| Petitioners |
Majid Hussain
|
| Respondents |
others,
Farrah Naz
|
| Citations |
2017 SLD 379 = 2017 YLR 84
|
| Other Citations |
Mst. Fozia v. Aziz Ullah 2010 CLC 403,
Shahdad Khan v. Judge Family Court Rawalpindi 2014 CLC 1238,
Rehmat Ullah v. Shamim Akhtar 1997 CLC 16,
Noor Hussain v. The State PLD 1966 SC 88,
Inam-ul-Haq v. Chairman, F.P.S.C., Islamabad 2005 SCMR 622,
Akhtar Hussain Jan v. Government of Pakistan 1995 SCMR 1554,
President's Reference No.1 of 1996 PLD 1996 SC (AJ&K) 1,
Sakhi Daler Khan v. Superintendent Incharge PLD 1957 (W.P.) Lah. 813,
Hassan Kamran v. Federal Public Service Commission 1996 CLC 826,
Commissioner, Income Tax, Azad Jammu and Kashmir v. Haji Ali Khan & Co. PLD 1985 SC (AJ&K) 62,
Masood Ahmad Malik v. Fouzia Farhana Quddus 1991 SCMR 681,
Anil Mussarat Hussain v. Muhammad Anwar Naseem 1996 CLC 1406,
Mohammad Zaman v. Uzma Bibi 2012 CLC 24
|
| Laws Involved |
Family Courts Rules, 1965,
Pakistan Citizenship Act, 1951,
Family Courts Act, 1964
|
| Sections |
5,
6,
14-B,
1(2),
5,
Schedule
|