Residence of female to determine territorial jurisdiction of family court: LHC

LAHORE: The Lahore High Court (LHC) has held that residence of female would determine the territorial jurisdiction of the family court to adjudicate upon family matters.

The court passed this order in a petition of Ayesha Nasir seeking transfer of a suit filed by the respondent Aoun Abbas in a family court at Jaranwala to the court of Noshaba Mushtaq, judge family court at Lahore where applicant is residing with father.

The court observed that in terms of proviso to rule 6 of the West Pakistan Family Courts Rules, 1965, the rigors of normal rule providing for territorial jurisdiction for trial of cases in family court have been relaxed in favour of a female filing a suit for dissolution of marriage or recovery of dower.

The court said since both matters pertain to the same matrimonial dispute, the interest of justice, equity and fair play demands that the suit titled “Aoun Abbas v Ayesha Nasir” pending before a family court at Jaranwala, be transferred to Lahore and consolidated with the suit titled “Mst. Ayesha v. Aoun Abbas” pending before a family court at Lahore to avoid hardship to the applicant and to prevent the possibility of conflicting judgments.

The court said Section 25-A of the Family Act deals with transfer of cases, empowers High Courts to move family suits from district court of one district to district court of another district for efficient disposal and ensuring justice.

The court remarked that respondent with malafide intention and ulterior motive instituted the suit at Jaranwala to cause harassment and hardship to the applicant. Being a lady, the applicant is unable to travel to Jaranwala on each and every date of hearing, the court added.

Copyright Business Recorder, 2026