| Case ID |
20f98b5b-c0fe-4ccb-a002-3d253160a085 |
| Body |
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| 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
|