---Custody of minors----Plea raised by mother of minors was that under the provisions of West Pakistan Family Courts Act, 1964, she could file application for...............

 2011 CLC 146

Ss.9 & 25---West Pakistan Family Courts Act (XXXV of 1964), S.7(ii), second proviso---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minors---Territorial jurisdiction---Plea raised by mother of minors was that under the provisions of West Pakistan Family Courts Act, 1964, she could file application for custody of minors at the place of her right conferred on a wife by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, meant that the place of her residence would create jurisdiction in competent court for the types of claims mentioned therein that a wife might file---If procedural technicality was allowed to rule the choice of forum in such a matter then benefit conferred upon a wife or a mother by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, would be easily lost---Family Court at the place of residence of mother of minors had jurisdiction to entertain her application for custody of her minor children who were residing in some other city---Petition was allowed accordingly.