' BASHARAT AHMAD SHAIKH, J.---The petitioner filed a transfer application in the Shariat Court. It was prayed that the case pending between her and respondent Rehmat Ullah, who claims to be appellant's husband, may be transferred from the Court of Family Judge Bagh to the Court of Family Judge Rawalakot. The application was dismissed on the short ground that there is no provision in the Azad Jammu and Kashmir Family Courts Act for transfer of a case from one Court to another.
2. Mr. Abdul Hamid Khan Shahid, the learned counsel for the appellant, relies on subsection (1) of section 7 of the Azad Jammu and Kashmir Shariat Court Act, 1993 in support of the appeal.
Subsection (1) runs as follows:-- "7. Powers and procedure of the Court.--(1) For the purposes of the performance of its functions, the Court shall have the powers as are vested in the High Court, while exercising revisional, appellate and original civil and criminal jurisdiction."
We regret that we are unable to agree with the learned counsel. The powers mentioned in the provision of law reproduced above are enabling provisions to give powers to the Shariat Court while exercising jurisdiction. There is nothing in it to warrant the conclusion that cases in which appeal lies to the Shariat Court under special statutes can be transferred by the Shariat Court.
3. The learned counsel then pointed out that an Ordinance has recently been made which specifically empowers the Shariat Court to transfer cases. If it is so, the appellant may move the Shariat Court so that an appropriate order may be passed by that Court.
The appeal is dismissed.