1999 M L (PLP)
Mst. ZABAIDA BEGUM — Appellant Versus REHMATULLAH and 11-others — Respondents
| Citation | 1999 M L (PLP) |
| Forum / Court | Supreme Court (AJ&K) |
| Bench Members | Basharat Ahmad Shaikh and Muhammad Yunus Surakhvi, JJ |
| Parties | Mst. ZABAIDA BEGUM — Appellant Versus REHMATULLAH and 11-others — Respondents |
Q1: What are the key laws and sections cited in 1999 M L (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 M L (PLP)?
The case was heard and decided by the Supreme Court (AJ&K) bench comprising: Basharat Ahmad Shaikh and Muhammad Yunus Surakhvi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 M L (PLP) (Mst. ZABAIDA BEGUM — Appellant Versus REHMATULLAH and 11-others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Hamid Khan Shahid, Advocate for Appellant.
- Sh. Abdul Aziz, for Respondents Nos. 1 to 7
Headnotes / Summary
S.7(1)
Azad Jammu and Kashmir Family Courts Act, 1993, Preamble-- Transfer of suit--Application for transfer of family suit pending between parties in Family Court at place ' B' to Court at place ' R' was dismissed on ground that no provision existed in Azad Jammu and Kashmir Family Courts Act for transfer of a case from one Court to another
Applicant/appellant relied on S.7(1) of Azad Jammu and Kashmir Shariat Court Act, 1993 in support of his contention that suit could be transferred as prayed for by him
Provisions of S.7(1)- of Azad Jammu and Kashmir Shariat Court Act, 1993 were enabling provisions to give powers to Shariat Court while exercising jurisdiction-- Nothing was provided in the said provision to warrant conclusion that cases in which appeal lay to Shariat Court under special statutes could be transferred by Shariat Court.
Judgment & Decree
BASHARAT AHMAD SHAIKH, J.
The petitioner filed a transfer application in the Shariat Court. It was prayed that the case pending between her and respondent Rehmat Ullah, who claims to be appellant's husband, may be transferred from the Court of Family Judge Bagh to the Court of Family Judge Rawalakot. 'The application was dismissed on the short ground that there is no provision in the Azad Jammu and Kashmir Family Courts Act-for transfer of a case from one Court to another.
2. Mr. Abdul Hamid Khan Shahid, the learned counsel for the appellant, relies on subsection (1) of section 7 of the Azad Jammu and Kashmir Shariat Court Act, 1993 in support of-the appeal. Subsection (1) runs as follows:-- "
7. Powers and procedure of the Court.--(1) For the purposes of the performance of its functions, the Court shall have the powers as are vested in the High Court, while exercising revisional, appellate and original civil and criminal jurisdiction." We regret that we are unable to agree with the learned counsel. The powers mentioned in the provision of law reproduced above are enabling provisions to give powers to the Shariat Court while exercising jurisdiction. There is nothing in it to warrant the conclusion that cases in which appeal lies to the Sharriat Court V under special statutes can be transferred by the Shariat Court.
3. The learned counsel then pointed out that an Ordinance has recently been made which specifically empowers the Shariat Court to transfer cases. If it is so, the appellant may move the Shariat Court so that an appropriate order may be passed by that Court. The appeal is dismissed. H.B.T./320/SC(AJ&K) Appeal dismissed.