Case Details

Citation(s)
2003 SLG 123 2003 SLD 123 2003 SCMR 115
Supreme Court of Pakistan
Civil Miscellaneous Appeal No.25 in Constitutional Petition No. Nil of 2002, decision dated: 11-09-2002
MUNIR A. SHEIKH, ACTG. C.J, IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Muhammad Akram, Advocate-on-Record for Appellant. Nemo for
Respondent

Mst. BUSHRA

VS

MUHAMMAD NAEEM

Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 186-A---Supreme Court Rules, 1980, O. V, R.3---Transfer of family case from one Province to another Province---Petition under Art.186-A of the Constitution seeking transfer of family case pending in Family Court, in Sindh) to Family Court in Punjab---Registrar of Supreme Court returnee: such petition being not maintainable---Validity---No provision in law existed presently to meet such situation---Supreme Court under Art. 186-A of the ­Constitution was vested with power to transfer a case pending before one High Court to another High Court, but not a case pending before any Court subordinate to High Court of a Province to a Court subordinate to High Court of another High Court---Supreme Court dismissed appeal as having no merits, but recommended to Federal and Provincial Governments to amend relevant laws i.e. C.P.C. and law relating to family cases, for-transfer of a case in such situation. ORDER This miscellaneous appeal is directed against the order dated 10-7-2002 of the Registrar of this Court, through which the petition filed by the appellant under Article 186-A of the Constitution, seeking transfer of, a family case from the Court of Family Judge, Hyderabad to the Court of Family Judge, Faisalabad, has been returned with the observation 'that the same was not maintainable. 2. It is clear from…
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