1993 PLP 2137 (MLD)
Mst. MAFIA KHATOON‑‑‑Petitioner Versus DISTRICT & SESSIONS JUDGE, KARACHI EAST and others‑‑‑Respondents
| Citation | 1993 PLP 2137 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Mukhtar Ahmed Junejo, J |
| Parties | Mst. MAFIA KHATOON‑‑‑Petitioner Versus DISTRICT & SESSIONS JUDGE, KARACHI EAST and others‑‑‑Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 2137 (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 1993 PLP 2137 (MLD)?
The case was heard and decided by the Karachi bench comprising: Mukhtar Ahmed Junejo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 2137 (MLD) (Mst. MAFIA KHATOON‑‑‑Petitioner Versus DISTRICT & SESSIONS JUDGE, KARACHI EAST and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ataullah Khan for Petitioner.
- Date of hearing: 23rd August, 1992.
Headnotes / Summary
‑‑‑‑Ss.5 & Sched, 12(2) & 25‑A‑‑‑Suit for jactitation of marriage‑‑‑Transfer of suit from one Court to another‑‑‑Suit for jactitation filed by plaintiff was withdrawn by District Judge from Court where it was filed and was transferred to another Court‑‑‑District Judge, was not competent to transfer a family suit from one Family Court to another Court specially when judgment was pronounced by Court in which suit was filed and decree was to follow.
Judgment & Decree
Ataullah Khan for Petitioner. Date of hearing: 23rd August, 1992. The petitioner has assailed an order dated 8‑4‑1991 passed by the District Judge, Karachi East by which Family Suit No.927 of 1988 was withdrawn from the Court of IXth Civil Judge & Family Court, Karachi East and was transferred to the Court of Xth Civil Judge & Family Court, Karachi East, for disposal. It has been contended on behalf of the petitioner that said suit stood decided on 8‑4‑1991 when the trial Court mentioned in the order sheet of said date that "the judgment was announced in open Court and that suit of the plaintiff was decreed as prayed with no order as to costs", although no signed judgment was filed in the R & Ps. It is also argued on the authority of Mst. Sadia Jabeen PLD 1987 Kar. 652 that a District Judge was not competent to transfer a family suit from one Family Court to another Family Court. Admittedly F.C. Suit No.927 of 1988 was instituted by Mst. Mafia Khatoon (petitioner) against respondent No.1 Nazarul Islam, for activation of marriage. Section 12(2) of W.P. Family Courts Act says that if compromise or reconciliation between the parties is not possible, the Family Court shall pronounce its judgment and give a decree. According to section 2(9) of the C.P.C. "judgment" means the statement given by the Judge of the grounds of a decree or order. In the present case, though the written judgment is not lying in the R & Ps. of Family Suit No. 927 of 1988, but the order sheet dated 8‑4‑1991 bears signature of the Presiding Officer. In terms of section 12(2) of W.P. Family Courts Act, the trial Court announced the judgment, and the decree was to follow. In the circumstances one cannot agree with the view taken by the District Judge in the impugned order, that the said suit (No.972 of 1988) was still pending at the stage of judgment even after pronouncement of the judgment by the Family Court. There is force in the contention raised at the Bar that the District Judge was not competent to transfer a Family Suit from one Family Court to another Family Court. The respondent No.4 is called absent in spite of his having been served for this date. None appears for him. In the circumstances I accept the Constitution Petition and declare order of the District Judge dated 8‑4‑1991 to have been passed without lawful authority and to be of no legal effect. No order as to costs. H.B.T./M‑1854/K Petition accepted.