Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act, 1993-------S. 14---Civil Procedure Code (V of 1908), Ss. 20 & 24---Application for transfer of family suit on ground of lack of territorial jurisdiction---Competency to transfer family suit---High Court, in application for transfer of family suit, could not exercise powers under provisions contained in Civil Procedure Code, 1908---High Court has been given appellate jurisdiction against orders and decrees passed by Family Courts---Where objection in respect of jurisdiction was raised, Court was bound to consider and decide question of its jurisdiction before proceeding further in that case---Petitioner, therefore, should have raised question of jurisdiction before Trial Court before approaching High Court for when Court lacked jurisdiction in respect of any matter, all proceedings taken by it were nullity in the eye of law---Transfer application being not competent, was dismissed in circumstances. Ghulam Mohi-ud-Din v. Chief Settlement Commissioner, Lahore and others PLD 1964 SC 829; Majid Ali Naqvi v. Additional District Judge and Ex-­Officio Settlement and Rehabilitation Commissioner, Tharparkar and another 1970 SCMR 375 and Sardar Muhammad Ayub v. Pakistan Secretary, Ministry of Resettlement and Rehabilitation, Rawalpindi and others 1969 SCMR 96(2) rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 16, 17, 18, 19 & 20---Jurisdiction---Parties by their mutual consent could not confer jurisdiction on Court which lacked the same either on pecuniary or on territorial bases. ---[Jurisdiction]. ORDER The admitted facts are that Faqir Muhammad Arif, petitioner was married to Mst. Haneefa Bano respondent on November 20, 1993. Afterward differences arose between them which led to a suit by the respondent for recovery of Rs.20,000 as dower amount against the petitioner. This suit was filed by her in the Court of Judge Family Court Poonch at Rawalakote on 12-7-1997. The trial Court issued notice to the petitioner who without appearing before the trial Court, moved an application for transfer of the suit before this Court on the ground that the parties belong to Khurshidabad, Tehsil Haveli, District Bagh where…

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