2010 PLP 661 (MLD)
WILLIAM JOHN alias WILLIAM MASIH — Applicant Versus Mst. NASEEM BIBI — Respondents
| Citation | 2010 PLP 661 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | WILLIAM JOHN alias WILLIAM MASIH — Applicant Versus Mst. NASEEM BIBI — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2010 PLP 661 (MLD)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 661 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 661 (MLD) (WILLIAM JOHN alias WILLIAM MASIH — Applicant Versus Mst. NASEEM BIBI — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Masood Anwar Ausaf for Respondent.
Headnotes / Summary
S. 5 & Sched.
Divorce Act (IV of 1869), S. 8
Suit between Christian spouses
Application for transfer of suit to other Family Court
Plea of applicant that Family Court seized of case was not fully conversant with Christian Personal Law, thus, same could not hear and decide dispute between Christian spouses
Unless there was some tangible grounds to seek transfer, merely on apprehension that Court was not familiar with particular law would not be a ground to seek transfer
High Court dismissed transfer application.
Judgment & Decree
MUSHIR ALAM, ACJ.
Listed transfer application has been moved seeking transfer of Suit No. 267 of 2009 pending in the Court of VIth Civil and Family Judge (Central) Karachi. It is urged that the trial Court is not fully conversant with the Christian Personal Law, therefore, it will not be possible for the learned trial Court to hear and decide the dispute between Christian spouses. It is further stated that the Court has expressed mind to dismiss the suit of the plaintiff on 16-9-2009. Therefore, he has lost his faith in the Court. It may be observed that the very transfer application has been moved on 17-9-2009 when the suit was not dismissed. Comments from the trial Court have been received wherein stated that the Court has fully competent to proceed with Civil Petition under the Divorce Act, 1868 by Christian spouses. Mr. Masood Anwar Ausaf, learned counsel for the respondent opposes the transfer application. I am not convinced with the ground taken by the learned counsel for the applicant for transfer of the case. Court has to decide the cases on the basis of law with the assistance as may be rendered by both the learned counsel. Unless there are some tangible grounds to seek transfer merely on apprehension that the Court is not familiar with the particular laws is no ground to seek transfer. Therefore, finding ho merits the application is dismissed. Learned trial Court is directed to proceed with the case without being influenced by any order passed by this Court or comments made by the applicants in this transfer application. S.A.K./W-1/K Application dismissed.