Law:

Section:

Constitution of Pakistan (1973)--Art.186-A---Supreme Court Rules, 1980, O.XXXIII, Rr. 5 & 6---Power of Supreme Court to transfer cases---Scope---Expression "pending before any High Court" in Art. 186-A---Import---Whether such expression could be amenable to construction "pending within the jurisdiction of High Court"--­Constitution embodies and gives effect to scheme of Federation---Article 186-A of the Constitution empowers and enables Supreme Court to transfer any case, appeal or other proceedings pending before any High Court to any other High Court---Expression "pending before" as used in Art. 186-A of the Constitution could not be given extended meaning of "pending within the jurisdiction", without violence of the intent of the law-maker, to the language of law and the scheme of Federation.---[Words and phrases]. Raja Humayun Khan v. Habib Bank Ltd. 1986 SCMR 78(2); Mst. Zubaida Begum v. Nathey Khan 1987 SCMR 1934; Rashad Iqbal v. Mst. Muniza Begum PLD 1987 Lah. 331; Lt.-Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty, and others PLD 1961 SC 119; Muhammad Ismail and others v. The State PLD 1969 SC 241; Mst. Fazal Jan v. Roshan Din and 2 others PLD 1990 SC 661; Mastak v. Lal and others PLD 1991 SC 344; Hasham Khan v. The State PLD 1991 SC 567 and PLD 1991 Jour. 6 ref. JUDGMENT SHAFIUR RAHMAN, J.---The petitioner has invoked the jurisdiction of this Court under Articles 186-A, 187(1) and 184(3) of the. Constitution read with Order XXXIII, Rules 5 and 6 of the Supreme Court Rules, 1980 for seeking relief from this Court. 2. The factual background prompting this petition is that the husband of the petitioner i.e., respondent No. l instituted on 2-1-1993 at Peshawar a claim for restitution of conjugal rights against her. On 15-2-1993 he filed another claim before the Judge, Family Court Peshawar seeking custody of the minor children. The petitioner instituted a suit in the Family Court at Lahore on 21-3-1993 claiming dissolution of her marriage. She instituted another suit on the same date in the Family Court, Lahore claiming dower. 3. The petitioner has apart from inconvenience pleaded a threat to her life if she goes and prosecutes the…

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