Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 25-A---Suit for dissolution of marriage---Transfer of case--­Application for---Suit was sought to be transferred by defendant from Family Court on ground that Judge of Family Court concerned was nourishing malice against applicant/defendant and that plaintiff was not residing within the jurisdiction of Family Court concerned---Issue with regard to territorial jurisdiction of Family Court having been framed subsequently, no prejudice was caused to applicant/defendant---Merely because Trial Court omitted to frame issue of territorial jurisdiction in the first instance, would by itself be no ground to infer that Trial Judge was nourishing grudge or malice against applicant/defendant---Glaring evidence and strong reasons were available to believe that applicant/defendant had been making all attempts at his command to protract proceedings---Present transfer application had also been moved in furtherance of same object and adequately demonstrated propensity on the part of applicant/defendant to get the trial prolonged---Transfer application having been filed with ulterior motives and being devoid of substance, was dismissed---Trial Court was directed to dispose of case without any further delay. (b) Administration of justice--- ----High Court deprecated that whenever a serious attempt was made to expedite disposal of a case, either of the affected parties tried their best to create hurdles under the garb of concocted pleas of law to get the same delayed---He who seeks equity must demonstrate equity---No litigant could be allowed to linger on the proceedings by making farcical cries of justice being done to be manifestly seen without showing that his own conduct was bona fide---Practice of achieving benefits out of one's own wrong in no case, could be allowed. Ch. Abdul Majeed for Applicant. Aijaz Ali Hakro for Respondent. Date of hearing: 26th January, 2004. ORDER This transfer application has been filed for transfer of Family Suit No.11 of 2002 from the Court of learned Civil and Family Judge, Sanghar. The grounds for getting the matter transferred are that the learned Judge was nourishing malice against…

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