Form No: HCJD/C-121

ORDER SHEET
LAHORE HIGH COURT, RAWALPINDI BENCH,
RAWALPINDI
JUDICIAL DEPARTMENT
Case No. Diary No. 1263 of 2020

Mst. Mamoona Bibi Versus Syed Muhammad Umair and

others
S. No. of Date of order/ Order with signature of Judge, and that of parties or counsel, where
order/ proceeding necessary.
Proceeding
OBJECTION CASE

7.2.2020. Sardar Muhammad Irshad, Advocate.

By way of captioned petition the petitioner seeks

transfer of suit titled “Syed Muhammad Umair v.
Mamoona Bibi” pending before learned Family Court,
Taxila Distt. Rawalpindi (Punjab) to the learned Family
Court, Haripur Distt. Abbottabad (Khyber Pakhtunkhwa)
where suit filed by the petitioner titled “Mamoona Bibi v.
Syed Muhammad Umair” is pending.

2. Office has raised objection to file the petition

before “Proper Bench/Court”.

3. Learned counsel for the petitioner could not satisfy

as to how this Court has jurisdiction to transfer a case
pending before a subordinate Court within territorial
jurisdiction of this Court to a subordinate Court within
territorial jurisdiction of another High Court.

4. Section 25-A of the West Pakistan Family Courts

Act, 1964 deals with transfers of cases pending before
different Family Courts. Sub-section (2B) of Section 25-A
of the Act is of relevance for the purpose of
 Diary No. 1263 of 2020 2

determination of objection raised in this petition. Said

provision of law reads as under:
“(2B) On the application of any of the
parties and after notice to the parties and
after hearing such of them as desired to be
heard, or of its own motion without such
notice, the Supreme Court may at any stage
transfer any suit, appeal or other
proceedings under this Act pending before a
Court in one Province to a Court in another
Province, competent to try or dispose of the
same.”

5. In the wake of above expressed provision of law

this petition is not competent before this court. Office
object is, therefore, sustained.

(MUJAHID MUSTAQEEM AHMED)

JUDGE
APPROVED FOR REPORTING

JUDGE
*Riaz.