1. INAM ALI KAZI, J."Mst. Tasleem Aslam Khan the respondent No:2 herein ' has filed suit for dissolution of her marriage to petitioner, Saeeduddin, in the Court of III 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 filed by Respondent No.2 she has mentioned address of the office of her Advocate as her address. He, therefore, filed 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 the Family Judge has rejected his application seeking rejection of plaint by his order passed on lst December, 1991 he has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking annulment of the said order.
2. Rule 4(1) of the Sindh Muslim Family Courts Rules, 1965 provides that in case where family suit is filed by a female it can also be filed 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.
3. In absence of any penal provision in the Rules in case of non-compliance of a Rule of Rule 4 of the Sindh Muslim Family Courts Rules, 1965, Sub-Rule 2 will be taken to be directory in nature.
4. No other grounds for the exercise of jurisdiction under .Article 199 of the Constitution by this Court has been pointed out by the Advocate for the petitioner.
5. The petition is dismissed in lemini.