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TAJ MUHALLAH versus FAQIR SHAH


West Pakistan Family Court Act 1964 Section 5 and Schedule Civil Procedure Code (v. 1908), O VII, R 10 Constitution of Pakistan (1973), Article 199 Constitution Petition Suit for dissolution of the marriage considered all the evidence on record And the found wife is entitled to the evidence-based settlement, but after examining all matters, it was found that she had no jurisdiction and the family court's finding regarding the jurisdiction was not based on any evidence, The Family Court had no territorial jurisdiction. The only legal order that could be passed was the return of the suit to the competent jurisdiction and not the dismissal of the suit court on the question of openness, however, was well established and based on the evidence stated above. Was. It had no jurisdiction. The record could not be supported by the evidence, after recording that the court had no jurisdiction. Based on the evidence, the court found that the wife was entitled to Khulla, equal jurisdiction could be used to promote justice The Family Court found that she had no territorial jurisdiction and therefore had to take up the matter. The order was dismissed by the High Court. Its constitutional jurisdiction

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