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SADIA GILL vs VISHAL MASIH S — 2021 PLD 20 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 20 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
SADIA GILL vs VISHAL MASIH S
Subject matter
Criminal
Provisions referred to
S. 3; S. 20; Civil Procedure Code (V of 1908); Divorce Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SADIA GILL VS VISHAL MASIH S. 3(2), (3)---Civil Procedure Code (V of 1908), S.20 & O.VII, R.10---Suit for separation and dissolution of marriage---Territorial jurisdiction---Parties were Christian by faith and suing spouse sought separation and divorce on the plea of desertion---Defending spouse sought return of plaint on the plea that they were living at place "Q" and cause of action had also accrued at place "Q" therefore, Courts at place "M" had no power to adjudicate---Validity---Suing spouse had choice of selecting his / her forum either as (i) the district where parties had last resided together or (ii) the district within the local limits of which both the husband and wife resided, though living separately---Matter was governed by first category that parties were married at place "Q" and lastly resided together at place "M"---For determination of jurisdiction, provision of S.20, C.P.C. was not to be taken into consideration as provision of S.3(3) of Divorce Act, 1869, catered for the position with regard to determination of jurisdiction of Court---In presence of provision in special law the provision of general law was not to be taken into consideration---High Court declined to interfere in the order passed by Trial Court---Revision was dismissed in circumstances.

Other judgments reported in 2021 PLD

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