Institution of suit
6. (1) Every suit under this Ordinance shall be instituted by the presentation of a plaint to the Family Court within the local limits of whose jurisdiction-
(a) the cause of action has wholly or partly arisen; or
(b) the parties reside or last resided together:
Provided that in suits for dissolution of marriage, dower or maintenance, the Court within the local limits of whose jurisdiction the wife ordinarily resides shall also have jurisdiction.
(2) Where a plaint is presented to a Court not having jurisdiction,-
(a) the plaint shall be returned to be presented to the Court to which it should have been presented;
(b) the Court returning the plaint shall endorse thereon the date of its presentation to it and its return, the name of the party presenting it and a brief statement of the reasons therefore.
(3) The plaint shall contain all material facts relating to the dispute and shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the plaint [ * * * ]:
Provided that the plaintiff may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.
(4) The plaint shall also contain the following particulars, namely:-
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(e) the facts constituting the cause of action and the place where, and the date when, it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims.
(5) Where a plaintiff relies upon a document in his possession or power as evidence in support of his claim, he shall produce it in the Court when the plaint is presented and shall at the same time deliver the document or a true or photostat copy thereof to be filed with the plaint [and shall also enter such documents in a list to be added or annexed to the plaint].
(6) Where the plaintiff relies upon a document not in his possession or power as evidence in support of his claim, he shall enter such document in a list to be added or annexed to the plaint and state in whose possession or power it is.
[(7) The plaint shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (5) and (6) as there are defendants in the suit for service upon such defendants.]
[(8) The plaint shall be rejected on the following grounds:-
(a) where it is not accompanied by true copies of plaint including the schedule and the lists of documents required under sub-section (7);
(b) where the cost of service of summons and postal charges for notice required to be paid under section 7(5) are not paid;
(c) where the fees required to be paid at the time of presentation of the plaint under section 22 are not paid.
(9) A document which ought to be produced in Court by the plaintiff where the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit:
Provided that the Court shall not grant such leave save in exceptional circumstances.]