-S. 25-A (2-B)---Transfer of case from one Province to another by the Supreme Court---Scope--

 P L D 2021 Supreme Court 579

(a) Family Courts Act (XXXV of 1964)---

----S. 25-A (2-B)---Transfer of case from one Province to another by the Supreme Court---Scope---Perusal of section 25-A (2-B) of the Family Courts Act, 1964 revealed that the Supreme Court may order the transfer of proceedings pending from one jurisdiction to another more particularly from one Province to another either at the motion of the parties or on its own motion without notice.

(b) Family Courts Act (XXXV of 1964)---

----S. 25-A(2-B)---Constitution of Pakistan, Art 10-A---Suit for recovery of maintenance and dowry articles---Transfer of execution proceedings from one Province to another---Suit filed by wife in the Family Court at city "I" was decreed ex-parte---Husband was resident of city "K" and the decree could not possibly be executed at "I"---Wife filed present application seeking transfer of the case from Family Court at "I" to the court of competent jurisdiction/ Family Court at "K" in terms of S.25-A (2-B) of the Family Courts Act, 1964---Held, that looking into the facts and circumstances of the present case, it would be cumbersome to issue notice to the husband, who was resident of "K"---Even otherwise it would burden the husband with heavy costs on travelling or contesting the matter at "I"---In order to protect the rights and interest of the parties and to ensure that right to fair trial as conferred by Art. 10-A of the Constitution was protected, the Supreme Court could always make an order of transfer and the transferee court may take further proceedings from where it was left by the Court from which matter was transferred, only after due service of notice on the respondent---Present matter in issue related to the execution of a decree passed in favour of the wife, therefore, in order to facilitate expeditious disposal, the execution proceedings, were ordered to be transferred from the Family Court/Guardian Judge at "I" to the District Judge (concerned) at "K" who was directed to assign the matter to the competent Family Court concerned for the purpose of the execution of the judgment and decree after due service on the husband---Application was disposed of