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2020 YLR 2086, 2020 LHC 172

Mst. Mamoona Bibi vs Syed Muhammad Umair and others

Citation2020 YLR 2086, 2020 LHC 172
CourtLahore High Court
Case No.Case No. Diary No. 1263 of 2020
Date2020-02-07
Judge(s)Mujahid Mustaqeem Ahmed
ResultPetition dismissed

By way of captioned petition the petitioner seeks transfer of suit titled "Syed Muhammad Umair v. Mamoona Bibi" pending before learned Family Court, Taxila Distt. Rawalpindi (Punjab) to the learned Family Court, Haripur Distt. Abbottabad (Khyber Pakhtunkhwa) where suit filed by the petitioner titled "Mamoona Bibi v. Syed Muhammad Umair" is pending.

2. Of fice has raised objection to file the petition before "Proper Bench/Court".

3. Learned counsel for the petitioner could not satisfy as to how this Court has jurisdiction to transfer a case pending before a subordinate Court within territorial jurisdiction of this Court to a subordinate Court within territorial jurisdiction of another High Court.

4. Section 25-A of the West Pakistan Family Courts Act, 1964 deals with transfers of cases pending before different Family Courts. Sub-section (2B) of Section 25-A of the Act is of relevance for the purpose of determination of objection raised in this petition. Said provision of law reads as under: "(2B) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the Supreme Cour t may at any stage transfer any suit, appeal or other proceedings under this Act pending before a Court in one Province to a Court in another Province, competent to try or dispose of the same."

5. In the wake of above expressed provis ion of law this petition is not competent before this court. Office object is, therefore, sustained. 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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