Mst. Bushra vs Muhammad Naeem
This miscellaneous appeal is directed against an order passed by the Registrar of the Supreme Court of Pakistan, returning as not maintainable a petition filed under Article 186-A of the Constitution seeking the transfer of a family case from a Family Court in Hyderabad to a Family Court in Faisalabad. The core legal question was whether the Supreme Court possesses the power under Article 186-A of the Constitution to transfer a case pending before a court subordinate to one High Court to a court subordinate to another High Court. The court held that under Article 186-A, the Supreme Court is only vested with the power to transfer a case pending before one High Court to another High Court, and lacks the jurisdiction to transfer cases between courts subordinate to different High Courts. Consequently, the appeal was dismissed. The court highlighted legislative gaps causing hardship to women in inter-provincial family litigation and recommended that the Federal and Provincial Governments amend relevant laws such as the Civil Procedure Code and family laws to address this issue.
- Does the Supreme Court have the power under Article 186-A of the Constitution to transfer a case from a court subordinate to one High Court to a court subordinate to another High Court?
- Is a petition filed under Article 186-A of the Constitution maintainable for the inter-provincial transfer of a family case between subordinate courts?
- Article 186-A, Constitution of Pakistan 1973
ORDER
MUNIR A. SHEIKH, AC].--- This Misc. 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 Court 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 husbands sometimes 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 this 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 IA relating to family cases 'for transfer of a case in such situation.
4. This Misc. Appeal for the foregoing reasons has no merits which is accordingly dismissed.