S.A. NUSRAT, J.--The petitioner moved an application under section 25-A of the West Pakistan Family Courts Act, 1964 in the Lahore High Court seeking transfer of a suit filed by the respondent for restitution of conjugal rights pending in the Court of Family Nawabshah, Sind to the Court of Judge. Rajanpur where a suit for dissolution of marriage filed by the petitioner, was pending adjudication. The application was dismissed by the learned High Court as incompetent on the ground that the Family Court, Naushero Feroze was not a subordinate Court to the Lahore High Court, and rightly so.
The learned counsel feebly attempted to argue that this Court had jurisdiction under Article 186-A of the Constitution to grant the relief, prayed for. The contention has no force. The jurisdiction under the said Article is conferred for the transfer of proceedings, pending before any High Court to pay other High Court only and not from subordinate Courts of any of the High Courts.
3. The transfer of the case was sought on account of alleged apprehension on the part of the petitioner that if she goes to Sind to attend the proceedings in the Court at Naushero Feroze she may be forcibly abducted and killed. Be that as it may, the order of the learned High Court is unassailable and the petition is misconceived.
The petitioner has the remedy to move the Sind High Court if the apprehension of the respondent is really true, for the transfer of the case from Naushero Feroze to some other Court within the Jurisdiction of the said High Court. With these observations the petition is dismissed.