1985 PLP 1909 (CLC)
Mst. FARIDA MINTO-Petitioner Versus MUHAMMAD ASLAM — Respondent
| Citation | 1985 PLP 1909 (CLC) |
| Forum / Court | |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | Mst. FARIDA MINTO-Petitioner Versus MUHAMMAD ASLAM — Respondent |
| Primary Law | (a) West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 1985 PLP 1909 (CLC)?
This judgment primarily cites: (a) West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1909 (CLC)?
The case was heard and decided by the bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1909 (CLC) (Mst. FARIDA MINTO-Petitioner Versus MUHAMMAD ASLAM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hayee for Petitioner.
- Muhammad Khalid Bhatti for Respondent.
Headnotes / Summary
S. 25-A--Transfer of family suit- -Territorial jurisdiction--Wife filing suit for recovery cs. dower at L (Punjab)--Husband filing suit for restitution of conjugal rights at K (Sind)
Wife applying for transfer of suit from K to L--Held, High Court at L having been established for Province of Punjab and have no extra, territorial jurisdiction over a matter pending in a Court in another Province--Petition dismissed in circumstances.
Judgment & Decree
The applicant has sued the respondent for recovery of Rs.10,000 as prompt dower. This suit is under hearing in the Court of Syed Iftikhar Hussain Shah, Judge, Family Court, Lahore. On the other hand, the respondent has brought a suit against the applicant, in the Family Court No. 27, Karachi for restitution of conjugal rights. Through this application, the respondent's suit is sought to be transferred to the learned Family Court, Lahore.
2. The learned counsel for the parties, have been heard. On behalf of the respondent, the sustenance of the instant application has been questioned on the ground that the Lahore High Court has no jurisdiction to transfer the suit pending in the Family Court, Karachi, to some other Court.
3. There is much force in this contention. The Lahore High Court has been established for the Province of Punjab and cannot have extra territorial jurisdiction over a matter pending in a Court in another province. Even the learned counsel for the applicant concedes. The instant application, therefore, cannot proceed. It is disposed of accordingly. M.A.K. Petition dismissed.