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Judgments on r.6, Family Courts Rules 1965
Pakistani court judgments that consider r.6, Family Courts Rules 1965, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
4 judgments
An attorney’s residence cannot give a Family Court territorial jurisdiction
Muhammad Mushtaq and another v. Sidra Riaz, etc.
Issue: Can a woman living in Italy sue her former husband for maintenance and dowry in the Family Court where her attorney lives,…
Held: No. A wife may sue through an attorney, but Rule 6 gives jurisdiction only where the cause of action arose, where the parties reside or last resided together, or, in suits for dissolution or dower, where the wife ordinarily resides;…
r.6, Family Courts Rules 1965s.25-A, Family Courts Act 1964s.5, Family Courts Act 1964s.7(2), Family Courts Act 1964
A wife’s ‘ordinary residence’ decides Family Court jurisdiction; permanent residence is not needed
Mst. Shagufta Bibi v. Additional District Judge, Jahanian and others
Issue: Could an appellate court throw out a wife's whole family suit (khula, maintenance and dowry) for lack of territorial jurisdiction because she…
Held: No. Under the proviso to Rule 6, the Family Court where the wife 'ordinarily resides' has jurisdiction in a suit for dissolution, and 'ordinarily resides' does not mean permanent or long residence: the court must decide from all the evidence…
Art. 199, Constitution of Pakistan 1973r.5, Family Courts Rules 1965r.6, Family Courts Rules 1965s.5, Family Courts Act 1964
Foreign maintenance orders: avoiding a duplicate child-maintenance claim in Pakistan
Muhammad Muneeb Arshad v. Mst. Ammara Mahroof and others
Issue: Where an Irish court has already fixed a child's maintenance and the father is paying it, can a Pakistani Family Court run…
Held: No, on these facts. Living abroad does not by itself oust a Pakistani Family Court's jurisdiction under Rule 6, but where a competent foreign court has fixed the child's maintenance and it is being paid, the same claim cannot run…
Art. 199, Constitution of Pakistan 1973r.6, Family Courts Rules 1965s.10, Code of Civil Procedure 1908s.11, Code of Civil Procedure 1908
A dowry claim joined to a maintenance and dower suit stays in the court where the wife lives
Muhammad Ahmad Tariq v. Judge Family Court, D.G. Khan, etc.
Issue: Where a wife sues in the place she ordinarily resides for maintenance, dower and dowry articles, without asking for dissolution, can the…
Held: No. Rule 6 allows a suit for dissolution or dower to be filed where the wife ordinarily resides, and the proviso to section 7(2) of the Family Courts Act, which lets a dissolution plaint include dowry, maintenance, dower and other…
Art. 199, Constitution of Pakistan 1973r.6, Family Courts Rules 1965s.7, Family Courts Act 1964