1993 PLP 1354 (CLC)

‑‑S‑‑S.25‑A‑‑‑Transfer of family suit‑‑‑Suit for restitution of conjugal rights filed by husband against wife in Court at place `S' was sought to be transferred by wife in Court at place `K'‑‑‑Section 25‑A of Act, 1964 being not applicable in Province of Sindh, suit could not be transferred from Court at place `S' to Court at place `K'. Mst. Sadia Jabeen v. Muhammad Khalid Siddiqui PLD 1987 Kar. 652 and Mst. Naghma Jabeen v. Muhammad Ayoob and another 1988 CLC 986 ref. M. Mairaj Ahmed for Applicant. Iftikhar Javed Qazi for Respondent. Date of hearing: 12th May, 1991. This Transfer Application is filed by the petitioner for transfer of Family Suit No. 46/90 filed against her by the respondent for restitution of conjugal rights. The suit is pending before the Family Court at Sukkur. The petitioner contends that she is a Pardanasheen lady and therefore, it is very inconvenient for her to attend the Court at Sukkur. It is also stated by her that she feels danger to her life in attending the case at Sukkur. The learned counsel for the respondent has taken the objection that there being no provision in the Family Courts Act for transfer of cases from one Family Court in a district to another, this Court cannot order for transfer to the Family Suit pending at Sukkur to Karachi. With regard to section 25‑A of the Family Courts Act referred to by the learned counsel for the petitioner, the learned counsel for the respondent urged that section 25‑A of the Ordinance is not applicable to Sindh as this section was added in Punjab through amendment which is applicable only to Punjab. Reliance in this connection has been placed on the case of Mst. Sadia Jabeen v. Muhammad Khalid Siddiqi (PLD 1987 Kar. 652). In the above case Naeemuddin, C.J. (as he then was) took the view that section 25‑A of the Family Courts Act is not applicable in Sindh. The learned Chief Justice in the above case also came to the conclusion that Article 203 of the Constitution only invested the High Court with power of supervision which can be exercised for keeping the administration of justice clean and this article of the Constitution did not vest power to the High Court for transfer of family suit from one district to another. As against the above decision the learned counsel for the petitioner has cited the case of Mst. Naghma Jabeen v. Muhammad Ayoob and another (1988 CLC 986), decided on 15‑2‑1980, in which another learned Judge of this Court took the view that High Court has the power under Article 203 of the Constitution to transfer the family suit from one district to another. In this decision, however, the view expressed by Naimuddin, C.J., in the earlier referred case of Mst. Sadia Jabeen v. Muhammad Khalid Siddiqui was not noticed. I am inclined to follow the view expressed in the case of Mst. Sadia Jabeen and accordingly hold that this Court cannot transfer the suit from the Family Court at Sukkur to Family Court at Karachi. The transfer application is accordingly dismissed. There will be no order as to costs. H.B.T./N‑468/K Application dismissed.