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SHARIFAN versus MUHAMMAD YOUSAF


Article 184 Institution of application for transfer to another court in a civil court in civil court, Article 184 is not guaranteed

1979S C M R 88

Present : Karam Elahee Chauhan and Nasim Hasan Shah, JJ

Mst. SHARIFAN‑Petitioner

Versus

MUHAMMAD YOUSAF‑Respondent

Civil Miscellaneous Petition No. 354 of 1978, decided on 12th October 1978.

(On appeal from the judgment and order of the Family Court Judge, Nowshera Feroz, Sind Province, dated 1st July 1978).

Constitution of Pakistan (1973)‑

Art. 184‑Institution of application in Supreme Court for transfer of a civil case from one Court to another‑Held, not warranted by Art. 184.

Malik Sher Bahadur, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 12th October 1978.

ORDER

KARAM ELAHEE CHUAHAN, J

.‑This is a petition which has been filed by Mst. Sharifan petitioner under Article 184 of the Constitution of the Islamic Republic of Pakistan for the transfer of a suit .which has been filed by Muhammad Yousa.f respondent against her for restitution of conjugal rights in the Court of Family Court Judge, Nowshera Feroz, Sind. It has been pleaded that the petitioner earlier filed a suit for dissolution of marriage in the Court of Family Court Judge, Lahore and as a conterblast to the same, her husband filed the suit above‑mentioned in Sind. In these circumstances it was prayed that the suit pending in Sind may be transferred to Lahore (Punjab) under Article 184 of the Constitu tion. This Article does not warrant institution of any such application in this Court. The petition is dismissed.

Petition dismissed.

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