(P L D 2011 Lahore 569)
(i) dissolution of marriage,
(iii) recovery of maintenance,
(iv) restitution of conjugal rights,
(v) custody of children
(vi) guardianship,
(vii) jactitation of marriage and
(viii) recovery of personal property and belongings of a wife.
Under Rule 6 of the West Pakistan Family Court Rules, 1965, any of the aforesaid family suits can be filed in a court within whose local limits the cause of action wholly and in part has arisen or the parties reside or have last resided together.
In the case of suits for dissolution of marriage and recovery of dower, the proviso to Rule 6 gives additional choice to a wife to file such suits within the local limits of the court where she ordinarily resides.
Obviously, the proviso to Rule 6 does not apply to suits other than those for the dissolution of marriage or for the recovery of dower.
There is no prohibition against the joinder of causes of action under the West Pakistan Family Courts Act, 1964. Resultantly, a wife can file an omni bus suit wherein she can combine her causes of action of dissolution of marriage, maintenance, recovery of dower, dowry and personal property and custody or guardianship of children. Likewise, a husband can, in the same suit, seek restitution of conjugal rights or jactitation of marriage along with custody and guardianship of the children.
In such an event, a Family Court cannot divide the plaint into causes of action that fall within its territorial jurisdiction and those which fall beyond it nor can the Family Court split the plaint to separate and return a part of the plaint for lack of territorial jurisdiction.
In case of lack of jurisdiction, a plaint can only be returned as whole. It is also so provided under Rule 5 of the West Pakistan Family Court Rules, 1965, which does not envisage any piecemeal or partial return of the plaint. Rafiq Ahmad Khan Lound Advocate High Court LLM DGKHAN and Multan
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