LAHORE:The Lahore High Court (LHC) has issued an important judgment on khula, maintenance and dowry rights, ruling that a woman’s case cannot be dismissed solely on the basis of an objection to territorial jurisdiction.
The court set aside an appellate court’s decision and restored a family court ruling passed in the woman’s favour.
Justice Muhammad Sajid Mehmood Sethi accepted the petition filed by Shagufta Bibi and issued an 11-page written judgment on September 16, 2026.
According to the court record, the family court had ruled in Shagufta Bibi’s favour, ordering payment of Rs15,000 as maintenance for the iddat period and Rs150,000 as the alternative value of her dowry articles.
The appellate court, however, set aside that decree solely on the ground of territorial jurisdiction, without examining the merits of the actual claims.
The LHC ruled that in khula cases, the family court within whose limits the wife ordinarily resides has jurisdiction to hear the matter.
The court clarified that a wife’s ordinary place of residence is not bound to her permanent residence or permanent address.
The judgment drew a key legal distinction; an objection to territorial jurisdiction cannot be treated as a lack of inherent jurisdiction.
If the hearing of a case causes no genuine prejudice to a party, a mere objection to territorial jurisdiction cannot become the basis for ending the entire judicial proceedings, the court held.
The LHC found that the appellate court had relied on a single statement regarding the woman’s residence while ignoring other evidence. The statement of the woman’s father also supported her position that she lived within the limits of Jahanian.
The court held that the mention of just one address is not sufficient to prove a woman’s ordinary residence, and that courts must assess all the evidence on record as a whole.
The judgment further held that claims for maintenance and dowry can be joined with khula in the same suit, and such claims therefore cannot be dismissed merely on a territorial jurisdiction objection.
Family law practitioners say the judgment addresses a practical problem faced by many women. After separation, women often move to their parents’ homes or to other cities, and their current residence may not match the addresses on official documents.
Pakistan’s family courts framework is designed to provide speedy and accessible justice in matrimonial disputes, allowing women to file where they ordinarily live so they are not forced to litigate in their husband’s locality.
By preventing technical objections from erasing decrees already decided on merit, the ruling protects women from delay and repeated litigation over the same claims.
The court clarified important legal principles on territorial jurisdiction, ordinary residence and the joinder of financial claims with khula. The judgment can be cited as precedent in similar cases in future.
Lawyers expect it to guide family and appellate courts across Punjab when handling jurisdictional objections. A separate case now before a Lahore family court raises the related question of whether property given as haq mehr must be returned after khula.
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