Law: Family Courts Act, 1964

Section: 25-A(2b)

Law: Constitution of Pakistan, 1973

Section: 187

(a) Family Courts Act (XXXV of 1964)--- ---S. 25-A(2b)---Constitution of Pakistan, Art. 187---Transfer of execution proceedings under a decree passed by a Family Court---Whether such proceedings in a Family Court located in a Province could be transferred to a Family Court in Islamabad Capital Territory (ICT)---Held, that S. 25-A(2b) of the Family Courts Act, 1964 (Act) does not provide for the transfer of cases from the Courts in ICT to the Courts of another Province and vice versa---To fill in the said lacuna in the Act, the Supreme Court has power under Art. 187 of the Constitution to do complete justice by transferring proceedings to and from the ICT in deserving cases. Section 25-A (2b) of the Family Courts Act, 1964 (the Act) provides that all parties before a Court in proceedings under the Act have a remedy to seek the transfer of such proceedings to a competent Court in another Province on the ground of, inter alia, expeditious disposal and convenience of the parties, particularly females and minor children. However, the said statutory remedy is not available to litigants seeking transfer of their proceedings to and from the Islamabad Capital Territory (ICT). Section 25-A(2b) of the Act does not provide for the transfer of cases from the Courts in ICT to the Courts of another Province and vice versa. There is no ground to justify the denial of this relief to litigants in ICT, especially when litigants in other parts of the country are entitled to it. Therefore, to fill in the said lacuna in the Act, the Supreme Court has power under Article 187 of the Constitution to do complete justice by transferring proceedings to and from the ICT in deserving cases. (b) Constitution of Pakistan--- ---Art. 187---Power of the Supreme Court to issue directions, orders or decree as may be necessary for doing complete justice---Scope---Such power of the Supreme Court has intentionally been left undefined to ensure that it can cater to any and all situations where the law as it exists leads to injustice---Such power can in fact even be used to cover up gaps in the legislation. Dossani Travels Pvt. Ltd. v. Messrs Travel Shop (Pvt.) Ltd. PLD 2014 SC 1 ref. JUDGMENT: UMAR…

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