Legal Case Summary

Case Details
Case ID 20f98b5b-c0fe-4ccb-a002-3d253160a085
Body View case body.
Case Number Civil Transfer Application No. S-17 of 2021
Decision Date Sep 06, 2021
Hearing Date
Decision The transfer application filed by Waseem Akram has been dismissed as it was found to be without merit. The court emphasized that the convenience of the wife, Mst. Asma, should be prioritized in family matters, particularly regarding maintenance suits. The court noted that the applicant's request for transfer was based on his inconvenience, while the respondent's convenience was deemed more critical. Previous applications for transfer had been dismissed, and the applicant's claims of unfair treatment by the Family Judge were found to be baseless. The court directed the Family Judge to expedite the case resolution within two months.
Summary In the case of Waseem Akram vs. Mst. Asma, the Sindh High Court addressed a civil transfer application under the Family Courts Act, 1964. The applicant, Waseem Akram, sought to transfer a maintenance suit filed against him by his wife, Mst. Asma, from Sehwan to Kotri, arguing that it was inconvenient for him to appear in Sehwan. The court ruled in favor of the respondent, emphasizing the importance of the wife's convenience in family law disputes. The judgment underscored that maintenance suits should not be transferred at the defendant's whim, reinforcing the principle that the welfare of the wife must be prioritized. The court dismissed the transfer application, stating that the applicant's previous claims of unfair treatment were unfounded. This decision serves as a critical precedent in family law, reiterating the need to protect the rights and convenience of women in legal proceedings related to family matters.
Court Sindh High Court, Hyderabad Bench
Entities Involved Not available
Judges Naimatullah Phulpoto
Lawyers Akhtar Ali Abro, Shabeer Hussain Memon, Muhammad Ismail Bhutto
Petitioners Waseem Akram
Respondents Mst. Asma
Citations 2023 MLD 989, 2023 SLD 1746
Other Citations Akhtar Ali v. The State 2020 SCMR 1243, 2019 MLD 720 (Karachi)
Laws Involved Family Courts Act, 1964
Sections 25A