The Lahore High Court has ruled that a woman’s case involving khula, maintenance and dowry rights cannot be dismissed solely on the basis of a territorial jurisdiction objection.
Justice Muhammad Sajid Mahmood Sethi issued an 11-page written judgment while allowing the petition filed by Shagufta Bibi. The court set aside the appellate court’s decision and restored the family court’s verdict in the woman’s favour.
The court said the family court in the area where a wife normally resides has the authority to hear a khula case. It added that a woman’s ordinary place of residence does not always have to match her permanent address.
The Lahore High Court said a territorial jurisdiction objection cannot be treated as a lack of inherent jurisdiction. It noted that if no real prejudice is caused to a party, such an objection cannot become the sole reason to end the entire case.
The court also said the appellate court ignored other evidence and relied too heavily on one statement about the woman’s residence. It added that her father’s statement also supported her claim that she lived within the jurisdiction of Jhangian.
The judgment further said that khula, maintenance and dowry claims can be heard together in one case. Therefore, courts cannot dismiss such claims only based on a territorial jurisdiction objection.
According to the record, the family court had earlier granted the woman Rs 15,000 as iddat maintenance and Rs 150,000 as the alternate value of dowry articles. The appellate court later overturned that decision without examining the case on merit.
The Lahore High Court restored the family court’s ruling and clarified important legal principles on jurisdiction, ordinary residence and financial claims linked with khula cases.
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