Territorial jurisdiction

2026 SCLR 8 = 2025 SCP 440 Farzana Yasmeen and others vs. Sohail Ahmed and another
--- S. 21 --- Family Courts Act (XXXV of 1964), Ss. 5 & 17 --- West Pakistan Family Courts Rules, 1965, R. 6 --- Territorial jurisdiction --- Objection as to place of suing --- Waiver --- Failure of justice --- Appellate stage --- Objection as to place of suing is required to be taken in the court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement --- Where no issue regarding territorial jurisdiction was framed and objection was neither raised before Trial Court nor taken in memo of appeal, appellate court could not reverse decree on that ground --- In absence of “consequent failure of justice”, defect in territorial jurisdiction is to be treated as a technical error.