File Maintenance of Wife Application for Child:
If you wish to file maintenance of wife application or maintenance of children in Pakistan, you may contact Jamila Law Associates. A suit is filed in a wrong Court u/s; it would return 5 of Family Court Rules, 1965 to file maintenance of wife application or maintenance of children in Pakistan, the objection to the plaintiff. It must object as to the Court’s territorial jurisdiction at the earliest possible opportunity, and if not raised, the same would be deemed to have been waived.
Legally Wedded:
Where parties continued to be legally wedded, the courts must leave no stone unturned to effect compromise and reconcile the matter between the spouses. Wife’s suit for dissolution of marriage would be maintainable when plaint includes all wives’s claims relating to dowry, dower, personal property, belongings of Wife, etc. Husband applied R. 6 of Family Courts Rules, 1965, to return objection or to file maintenance of wife application or maintenance of children in Pakistan that Wife resided in another district. Trial Court returned the objection, held that Wife allegedly resided in another district, and filed the suit in the District’s Family Court.
Application:
Application of Wife was maintainable under the Family Courts Rules, 1965. Court, of law could not restrict and crate classification in the matter after the date of amendment in the Family Courts Act, 1964. Family Court had territorial jurisdiction to entertain the suit filed by the wife or mother falling in the domain of Family Laws, at the place of her own choice.
Maintenance of Children in Pakistan:
To file maintenance of wife application or maintenance of children in Pakistan the wife had alleged that she was permanently residing within the court’s territorial jurisdiction where it moved the application in Question. The controversy of the parties about the territorial jurisdiction would be decided after recording evidence of the parties. Custom governed porosities of the parties and inheritance mutations had rightly been sanctioned. Plaintiffs had no locus stand to challenge the impugned mutations.
Suit of the plaintiff’s:
Suit of the plaintiff’s had rightly been dismissed by the courts below on merits as well as limitation. Porosities of the parties died before the enforcement of Punjab Muslim Personal Law (Shariat) Application Act, 1948 to file maintenance of wife application or maintenance of children in Pakistan, when Custom was still applicable, and the rule of inheritance was Custom. Suppose a person had acquired property under Custom from a Muslim.
Muslim Shariat Law:
In that case, he should be deemed to have become an absolute owner of such land as if it had devolved the land on him under the Muslim Shariat Law provided such acquisition has been acquired before the enforcement of Muslim Personal Law (Shariat) Application Act, 1948.
Impugned judgments:
Impugned judgments passed by the courts below were based on valid reasons. Family Court is a civil court, has jurisdiction where the cause of action has accrued or where parties permanently reside or ordinarily lastly resided to file maintenance of wife application or maintenance of children in Pakistan. Marriage of spouses having taken place in Pakistan, Courts in Pakistan would have territorial jurisdiction.
Family & Civil Case:
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Pakistani Law Firm:
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