When to file Maintenance of Wife Application for children:
If you wish to know when to file maintenance of wife application or maintenance of children in Pakistan you may contact Jamila Law Associates. The permanent address of the wife’s parent was in place L, and her permanent residence was also in Family Court at L has territorial jurisdiction to pass a decree in the suit to file maintenance of wife application or maintenance of children in Pakistan.
West Pakistan Family Court:
According to R. 6(a) of West Pakistan Family Courts Rules 1965, there are three factual eventualities relevant for determining “territorial jurisdiction” of Family Court. First, the cause of action wholly or in part has arisen, meaning thereby, in the custody or guardianship disputes minors are with the mother. Given the addition of proviso to S. 7(2) of West Pakistan Family Courts Act, 1964, if in a suit for dissolution of marriage join other causes or action mentioned in that proviso such suit also falls in the third category otherwise not to file maintenance of wife application or maintenance of children in Pakistan.
Successfully Proves:
Suppose the wife successfully proves that she had to leave her husband due to fear of death and has come to live at a different place with her relative. In that case, Family Court where the wife has shifted has the jurisdiction to adjudicate her case. The wife can file a maintenance suit either at a place or her temporary residence or permanent residence. Courts or both places would have concurrent jurisdiction to adjudicate the Wife’s suit for maintenance for self and children. The place where it divorced Wife would be her permanent residence, and to file maintenance of wife application or maintenance of children in Pakistan by Wife at such permanent residence would be competent. However, the wife is residing at her temporary residence.
Maintenance of Children in Pakistan:
The plea to file maintenance of wife application or maintenance of children in Pakistan raised by the wife was that due to the husband’s misbehavior, the wife and her parents shifted to place “Q” long ago and had given her address in the plaint. Nothing was on record to show that Wife did not reside within the territorial Jurisdiction of Family Court at place “Q.” Question as to whether Wife resided at place Q” or place “P” was a Question of fact, which it could only resolve after recording evidence of parties.
Trial Court:
Trial Court had rightly held that given conflicting Contentions of parties, the issue must be resolved through evidence to file maintenance of wife application or maintenance of children in Pakistan. The order passed by Trial Court did not suffer from any illegality or jurisdictional defect warranting interference by High Court.
Recovery of Dower:
In suits for dissolution of marriage or recovery of dower, jurisdiction vested in Court within the local limits of which the wife normally resided. In the present case, the wife was residing at her maternal uncle’s house due to apprehension of abduction at the husband’s hands. Such a version of the wife was supported by evidence of her brother. Therefore, Family Court was fully competent to entertain the suit to file maintenance of wife application or maintenance of children in Pakistan as the wife’s residence did fall within its territorial jurisdiction. The third party has no obligation and right.