1987 PLP 1934 (SCMR)
Mst. ZUBAIDA BEGUM — Petitioner Versus NATHEY KHAN — Respondent
| Citation | 1987 PLP 1934 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan, JJ |
| Parties | Mst. ZUBAIDA BEGUM — Petitioner Versus NATHEY KHAN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 1934 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1934 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, S. A. Nusrat and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1934 (SCMR) (Mst. ZUBAIDA BEGUM — Petitioner Versus NATHEY KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamim Abbas Bokhari, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 24th February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court at Lahore dated 2-12-1986, passed in Transfer Application No.670 of 1986). --Arts. 186-A & 185(3)--West Pakistan Family Courts Act (XXXV of 1964), S. 25-A--Transfer of case from a Family Court under jurisdiction of one High Court to a Family Court under the jurisdiction of another High Court--Jurisdiction of Supreme Court--Petitioner seeking transfer of suit from Family Court in Sind to Family Court in Punjab--Order of High Court rejecting his application as incompetent, challenged--Plea that Supreme Court had jurisdiction under Art. 186-A of Constitution to grant relief prayed for, repelled--Held: Jurisdiction under Art. 186-A is conferred for transfer of proceedings pending before any High Court to any other High Court only and not from subordinate Courts of any of High Courts--Leave to appeal refused.
Judgment & Decree
S.A. NUSRAT, J.--The petitioner moved an application under section 25-A of the West Pakistan Family Courts Act, 1964 in the Lahore High Court seeking transfer of a suit filed by the respondent for restitution of conjugal rights pending in the Court of Family Nawabshah, Sind to the Court of Judge. Rajanpur where a suit for dissolution of marriage filed by the petitioner, was pending adjudication. The application was dismissed by the learned High Court as incompetent on the ground that the Family Court, Naushero Feroze was not a subordinate Court to the Lahore High Court, and rightly so. The learned counsel feebly attempted to argue that this Court had jurisdiction under Article 186-A of the Constitution to grant the relief, prayed for. The contention has no force. The jurisdiction under the said Article is conferred for the transfer of proceedings, pending before any High Court to pay other High Court only and not from subordinate Courts of any of the High Courts. 3. The transfer of the case was sought on account of alleged apprehension on the part of the petitioner that if she goes to Sind to attend the proceedings in the Court at Naushero Feroze she may be forcibly abducted and killed. Be that as it may, the order of the learned High Court is unassailable and the petition is misconceived. The petitioner has the remedy to move the Sind High Court if the apprehension of the respondent is really true, for the transfer of the case from Naushero Feroze to some other Court within the Jurisdiction of the said High Court. With these observations the petition is dismissed. M.I./Z-13/S Petition dismissed.