Law: West Pakistan Family Courts Act, 1964

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 24, 151

Law: Constitution of Pakistan, 1973

Section: 203

(a) West Pakistan Family Courts Act (XXXV of 1964) S. 17 read with Civil Procedure Code (V of 1908), Ss. 24 & 151 Transfer of family suit-Act silent with regard to matter-High Court not empowered to transfer a family suit either under S. 24 or S. 151, C. P. C. (b) Constitution of Pakistan (1973) Art. 203-Object of "supervision"-High Court empowered to trans fer a family suit-Such power cannot, however, be exercised by way of relief unless defect found in Court, trying family suit-Relief cannot be granted ex debito justitiae at behest of party-West Pakistan Family Courts Act (XXXV of 1964). The fundamental object of "supervision" is to keep the administration of justice pure, and for that purpose the High Court exercises power to correct the failure, faults or dereliction of duty, laches, defects of jurisdic tion, denial of justice, bias or disability of the Court, which instances are by no means exhaustive, but not by way of any relief and irrespective of whether it causes any benefit or harm to a party either suo molu or when the defect is brought to its notice. The High Court has power to transfer a family suit but such power cannot be exercised by way of relief unless a defect is found in the Court trying a family suit, which it is necessary to rectify, in which case the High Court would act under this provision as being responsible for the administration of justice. As to what those defects are, it is not possible to enumerate but it will depend upon the facts and circumstances of each case. It is emphasised that such relief cannot be granted ex debito justitiae merely at the behest of the party and that too for its convenience. Mst. Khairun Nisa v. Syed Abdur Rahim P L D 1973 Kar. 237 ; Mst. Gaman v. Taj Din P L D 1968 Lah. 987 ; Mst. Safla Begum v. Abdul Hamid P L D 1968 Lah. 1358 ; Karim Bakhsh v. Mst. Mubarik Jan P L D 1970 Pesh. 169 ; Mst. Farida Parween v. Qadeeruddin Ahmed Siddiqui P L D 1971 Kar. 118 : Abdur Rahman v. Chaman Ara P L D 1972 Kar. 164 ; A I R 1933 Cal. 132 and 1973 Law Notes (N. U. C.) 330 ref. Date of hearing : 13th May 1975.                        …