1. Mst. Tasleem Aslam. Khan the respondent No.2 herein has riled suit for dissolution of her marriage to petitioner, Saceduddin, in the Court of 111rd Senior Civil Judge (Family Judge), Karachi (East).
2. Mr. M.Waqar Hussain, Advocate for the petitioner makes a grievance that in the title of the suit riled by Respondent No.2 she has mentioned address of the office of her Advocate as her address. He, therefore, riled an application before the Family Judge seeking rejection of, the plaint on that ground. He contends that the plaint is to be rejected as Rule 4 of the Sindh Muslim Family Courts Rules, 1965 has not been complied with by giving correct address. According to him provision contained in sub-rule 2(c) of Rule 4 is mandatory and non-compliance will entail the penalty of rejection of the plaint. Since tile Family Judge has rejected his application seeking rejection of plaint by his order passed on 1st December, 1991 he has riled this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking annulment of the said order.
3. Rule 4(l) of the Sindh Muslim Family Courts Rules, 1965 provides A that in case where family suit is riled by a female it can also be riled on her behalf by her agent. No doubt Sub-rule (2) contains "shall" but nowhere in the Rules any provision is made that in case of non-compliance of such rule the penalty of rejection of the plaint or any other penalty shall follow.
4. In absence of any penal provision in the Rules in case of non--compliance of Rule 4 of the Sindh Muslim Family Courts Rules, 1.905, Sub-rule (2) will be taken to be directory in nature.
5. No other ground for the exercise of jurisdiction under Article 199 oi the Constitution by this Court has been pointed out by the Advocate, for the petitioner.
6. The petition is dismissed in limine A.A./S-877/K