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2010 MLD 661

WILLIAM JOHN alias WILLIAM MASIH vs Mst. NASEEM BIBI

Citation2010 MLD 661
CourtSindh High Court
Case No.Family Transfer Application No, 44 of 2009
Date2009-10-26
Judge(s)Mushir Alam
ResultApplication dismissed

ORDER

1. MUSHIR ALAM, ACJ.---Listed transfer application has been moved seeking transfer of Suit No, 267 of 2009 pending in the Court of VIth Civil and Family Judge (Central) Karachi. It is urged that the trial Court is not fully conversant with the Christian Personal Law, therefore, it will not be possible for the learned trial Court to hear and decide the dispute between Christian spouses. It is further stated that the Court has expressea mind to dismiss the suit of the plaintiff on 16-9-2009. Therefore, he has lost his faith in the Court. It may be observed that the very transfer application has been moved on 17-9-2009 when the suit was not dismissed. Comments from the trial Court have been received wherein stated that the Court has fully competent to proceed with Civil Petition under the Divorce Act, 1868 by Christian spouses. Mr. Masood Anwar Ausaf, learned counsel for the respondent opposes the transfer application. I am not convinced with the ground taken by the learned counsel for the applicant for transfer of the case. Court has to decide the cases on the basis of law with the assistance as may be rendered by both the learned counsel. Unless there are some tangible grounds to seek transfer merely on apprehension that the Court is not familiar with the particular laws is no ground to seek transfer. Therefore, finding no merits the application is dismissed. Learned trial Court is directed to proceed with the case without being influenced by any order passed by this Court or comments made by the applicants in this transfer application. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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