Law: Family Courts Act, 1964

Section: 25A

Family Courts Act (XXXV of 1964)--- ----S. 25A---Transfer of cases---Scope---Applicant/defendant (husband) sought transfer of suit for maintenance from one district to another---Validity---Convenience of lady/wife had to be preferred in the matter---Suit for maintenance could not be transferred at the choice of defendant--- Transfer application being without merit was dismissed. Akhtar Ali v. The State 2020 SCMR 1243 ref. Muhammad Ismail Bhutto, Additional A. G. ORDER NAIMATULLAH PHULPOTO, J.---Through this transfer application moved under section 25-A of West Pakistan Family Courts Act, 1964, applicant Waseem Akram seeks transfer of Family Suit No.16 of 2021 pending before learned Family Judge-I, Sehwan filed by Mst. Asma against the applicant to some other Family Court at Kotri. Notices were issued against the respondent. Mr. Shabeer Hussain Memon, Advocate has filed his power on behalf of the respondent Mst. Asma, which is taken on record. Previously, applicant/defendant applied for transfer of Family Suit No.16 of 2021 before learned District Judge, Jamshoro, same was dismissed vide order dated 27.05.2021. 2. Learned Advocate for applicant/defendant Waseem Akram has mainly contended that applicant is the resident of Taluka Kotri District Jamshoro; it is inconvenient for him to appear before learned Family Judge-I, Sehwan. It is further submitted that learned Family Judge has closed side of applicant Waseem Akram and applicant does not want to proceed with the matter before learned Family Judge-I, Sehwan. Lastly submitted that conduct of Family Judge is not fair. 3. Mr. Shabeer Hussain Memon, Advocate appearing for respondent Mst. Asma submits that Mst. Asma is the resident of village Paban near Bhan Saeedabad, which is near to Sehwan. It is further submitted that convenience of the respondent/plaintiff Mst. Asma is necessary to be seen particularly in the family matters. Lastly submitted that adverse order passed by court is no ground to transfer the case. 4. Learned District Judge had dismissed the transfer application No.10 of 2021 mainly for the following reasons:- 7. The opponent lady admitted that prior to her marriage she was residing with her father…

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