Pakistan Case Law
1988 SCMR 1632

ABDUL JABBAR Versus SUGHRA BIBI

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Citation1988 SCMR 1632
CourtSupreme Court of Pakistan
Case No.Civil Petition No.173 of 1987
Date1988-05-14
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed

ORDER

SAAD SAOOD JAN, J .‑‑The respondent was the wife of the petitioner. She obtained a decree against him in the sum of Rs.24,500 on account of the value of her dowry which had been wrongfully detained by him. The decree was passed by the Civil Court at Burewala. His appeal before the District Judge and revision petition before the High Court remained unsuccessful. He now seeks leave to appeal from this Court.

2. The only contention raised in support of this petition is that the Civil Court at Burewala did not have territorial jurisdiction to entertain the suit of the respondent. He states that he was a permanent resident of England and that his Nikah with the respondent was performed over the telephone. He further states that after his Nikah, respondent No.1 joined him in England and that it was the case of respondent No.1 herself that her dowry had been detained by him in that country.

3. The Courts below have attended to the question of jurisdiction and have come to the conclusion that the petitioner though residing in England, was a permanent resident of Burewala. In support of this finding, they have referred to an application of the petitioner himself which he had filed in the trial Court wherein he had given Burewala as his permanent address. That being so, we do not think that any case for interference with the decree passed by the Civil Court at Burewala has 'been made out. This 'petition is accordingly dismissed.

M.I. /A‑270/S Petition dismissed.

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