Mst. SHARIFAN vs MUHAMMAD YOUSAF
This matter arises from a petition filed by Mst. Sharifan under Article 184 of the Constitution of the Islamic Republic of Pakistan seeking the transfer of a suit for restitution of conjugal rights filed against her by her husband, Muhammad Yousaf, from the Court of Family Court Judge, Nowshera Feroz, Sind to Lahore, Punjab, where the petitioner had earlier instituted a suit for dissolution of marriage. The core legal question considered by the Court was whether a petition for the transfer of a civil suit between different provinces is maintainable under Article 184 of the Constitution. The Supreme Court held that Article 184 of the Constitution does not warrant the institution of an application for the transfer of a civil suit of this nature. Consequently, the petition was dismissed.
- Does Article 184 of the Constitution of the Islamic Republic of Pakistan warrant the institution of an application for the transfer of a family suit from one province to another?
- Can the Supreme Court transfer a suit for restitution of conjugal rights pending in Sind to a court in Lahore under Article 184?
- Article 184, Constitution of the Islamic Republic of Pakistan
ORDER
1. KARAM ELAHEE CHUAHAN, J.-This is a petition which has been filed by Mst. Sharifan petitioner under Article 184 of the Constitution of the Islamic Republic of Pakistan for the transfer of a suit .Which has been filed by Muhammad Yousaf respondent against her for restitution of conjugal rights in the Court of Family Court Judge, Nowshera Feroz, Sind. It has been pleaded that the petitioner earlier filed a suit for dissolution of marriage in the Court of Family Court Judge, Lahore and as a conterblast to the same, her husband filed the suit above-mentioned in Sind. In these circumstances it was prayed that the suit pending in Sind may be transferred to Lahore (Punjab) under Article 184 of the Constitu--petition. This Article does not warrant institution of any such application in this Court. The petition is dismissed.