The Lahore High Court has ruled that a woman’s khula case cannot be dismissed only over a territorial jurisdiction objection.
The ruling also covers claims related to maintenance and dowry. Justice Muhammad Sajid Mahmood Sethi issued the written judgment.
The 11-page judgment came in a petition filed by Shagufta Bibi. The Lahore High Court allowed her petition and set aside the appellate court’s decision.
The court restored the earlier ruling issued by the family court. The family court had decided the case in the woman’s favour.
The judgment clarified how territorial jurisdiction applies in family cases. It said a wife can file a khula case where she normally lives.
The court noted that ordinary residence does not always mean a person’s permanent address. A woman may normally live in another area for various reasons.
The Lahore High Court also explained the difference between jurisdiction and territorial objections. It said a territorial objection does not automatically remove a court’s authority.
The court observed that such an objection should not end a case by itself. This applies when the objection does not cause actual prejudice to a party.
The judgment also criticized the appellate court’s approach to the evidence. The appellate court had focused heavily on one statement about the woman’s residence.
According to the judgment, other evidence was also available in the case. The woman’s father had supported her claim about her place of residence.
His statement indicated that she lived within the jurisdiction of Jhangian. The court considered this evidence while reviewing the matter.
The judgment also addressed multiple claims filed in the same family case. It said khula, maintenance and dowry claims can be heard together.
Therefore, courts should not dismiss these claims solely because of territorial jurisdiction concerns. The court stressed the importance of considering the complete circumstances.
The family court had earlier awarded the woman Rs. 15,000 as iddat maintenance. It also granted Rs. 150,000 as the alternate value of dowry articles.
The appellate court later overturned that decision. It did so without examining the case on its merits, according to the judgment.
The Lahore High Court restored the family court’s ruling. The decision also provides guidance on ordinary residence and territorial jurisdiction.
The judgment may help clarify how family courts handle similar cases. It also explains how related financial claims can proceed with khula proceedings.
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The ruling emphasizes that technical territorial objections should not automatically prevent a woman from pursuing her legal claims.
