Mst. BUSHRA Versus MUHAMMAD NAEEM

ORDER

This miscellaneous appeal is directed against the order dated 10‑7‑2002 of the Registrar of this Court, through which the petition filed by the appellant under Article 186‑A of the Constitution, seeking transfer of, a family case from the Court of Family Judge, Hyderabad to the Court of Family Judge, Faisalabad, has been returned with the observation 'that the same was not maintainable.

2. It is clear from the provisions of Article 186‑A of the Constitution that this Court is vested with the power to transfer, a case pending before one High Court to another High Court but not a case pending before any Court subordinate to the High Courts of a Province to a Court subordinate to the High Court of another Province.

3. It may, however, be observed that a number of cases have come to our notice particularly family cases that in order to create hardship for women, the husband sometime files frivolous suits in a Family Court of a Province whereas female was residing in the other province. At present, there is no provision in the law so as to meet the situation. We have noticed that in India, section 25 of the Civil Procedure Code has been adequately amended to meet with such situation, therefore, we would recommend the Federal Government and the Provincial Governments to amend the relevant laws i.e. Civil Procedure Code and the law relating to. family cases for transfer of a case in such situation.

4. This miscellaneous appeal, for the foregoing reasons has no merits which is accordingly dismissed.

S.A.K./B‑77/S Appeal dismissed.