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Petitioner: NAZIM PANJWANI VS Respondent: NAUSHABA PANJWANIHonorable Justice NaimuddinIqbal Ahmed,Akhlaq Ahmed Siddiqui
1988 C L C 1116
1988 C L C 1116
[Karachi]
Before Naimuddin, CJ
Dr. NAZIM PANJWANI Petitioner
versus
Mrs. NAUSHABA PANJWANI‑‑Respondent
Civil Transfer Application No. 3 of 1987, decided on 1st May, 1987.
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 203‑‑Supervisory jurisdiction and control of High Court over subordinate Courts‑‑Transfer of family suit‑‑Jurisdiction of High Court under Art. 203 of Constitution, held, could not be invoked for transfer of cases from one Family Court to another on ground of inconvenience to parties‑‑However, in view‑of contention raised by petitioner that originally he had filed suit in proper Court, but after trifurcation of District Court in three Courts, his suit was not transferred to proper Court, High Court directed that if stand taken by petitioner was correct, his suit should have been transferred to proper Court.
Iqbal Ahmed for Petitioner.
Akhlaq Ahmed Siddiqui for Respondent.
ORDER
This is a petition under Article 203 of the Constitution. I have already held in another case that this jurisdiction cannot be invoked for transfer of cases from one Family Court to another Family Court on the ground of inconvenience to the parties. However, in this case Mr. Iqbal states that he had filed the case in proper Court but after the trifurcation of the District Court Karachi in three Courts it has been transferred to Karachi South while it should have been transferred to Karachi West. Under the circumstances I would direct that if the stand taken by the, Applicant is correct then the trial Court should return the case to the District Judge for transferring it to proper Court and for that the counsel should make appropriate application before that Court. Subject to the above remarks this application for transfer is dismissed.
H . B . T . /N‑77/ K Order accordingly.