Shahbaz Shah Legal Journal

Lahore High Court

Shagufta Bibi v Additional District Judge, Jahanian and others

Published on this website

W.P. No. 6627 of 2023

Citation: Approved for reporting; reported citation not stated in the supplied judgment

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 199Pakistan | Family Courts Act, 1964 | Sections 5 and 7(2)Pakistan | West Pakistan Family Courts Rules, 1965 | Rules 5 and 6

Case summary

The judgment in brief

The Lahore High Court held that a wife's ordinary residence is not confined to permanent residence and restored a Family Court decree from Jahanian.

Question of law

Whether the Family Court at Jahanian lacked territorial jurisdiction because the wife mentioned an address in Tehsil Mailsi, despite evidence that she ordinarily resided with her father within the Jahanian forum.

Court holding

What the Court decided

No. Ordinary residence under Rule 6 is not the same as permanent residence and must be determined from the whole evidence. The appellate court misread the record by treating one address as conclusive, while ignoring supporting residence evidence, the integrated Khula and ancillary claims, and the absence of demonstrated prejudice.

Result

Outcome and directions

The constitutional petition was allowed. The Additional District Judge's judgment dated 15 March 2023 was set aside and the Family Court judgment dated 21 December 2022 was restored, with no order as to costs.

Practical effect

What the decision means in practice

The constitutional petition was allowed. The Additional District Judge's judgment dated 15 March 2023 was set aside and the Family Court judgment dated 21 December 2022 was restored, with no order as to costs.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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