| Case ID |
d50da818-ae4e-4b8d-825b-c203549c96f6 |
| Body |
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| Case Number |
Transfer Application No. 11-B of 2014 |
| Decision Date |
Aug 12, 2014 |
| Hearing Date |
|
| Decision |
The decision of the Peshawar High Court allowed the transfer application filed by the petitioner/wife Mst. Shabana Begum and others under section 25-A of the West Pakistan Family Courts Act, 1964. The court emphasized the importance of considering the convenience of the female and children in family law cases. The relationship between the spouses had become strained, leading to the filing of suits by both parties in different jurisdictions. The court recognized the hardships faced by the petitioner, who was a Parda observing lady with two young children, one of whom was suffering from cancer. Given the significant distance between the two courts, the court ruled that the case should be transferred to the locality where the petitioner resided to ensure justice and avoid conflicting judgments. Consequently, the suit filed by the respondent was withdrawn from the Bannu court and entrusted to the Family Court at Takht-e-Nasrati, Karak for adjudication. |
| Summary |
This case revolves around a transfer application under the Family Courts Act, 1964, specifically section 25-A, which deals with the transfer of family cases for the convenience of women and children. The petitioner Mst. Shabana Begum sought to transfer her husband's suit from Bannu to Karak, where her own suit was pending. The court noted the importance of the welfare of children and the hardships faced by the petitioner in traveling with her sick child. The decision underscores the need for family cases to be handled in a manner that prioritizes the convenience of the female litigants, particularly in sensitive family matters. This ruling aligns with the growing emphasis on the rights of women and the welfare of children in legal proceedings. The case highlights the court's role in ensuring that justice is served while considering the practical challenges faced by the parties involved. Keywords: Family Courts Act, transfer application, women's rights, child welfare, legal proceedings, family law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD DAUD KHAN, J
|
| Lawyers |
Muhammad Nisar Khan Sokari for Applicants,
Syed Umar Ali Shah for Respondent
|
| Petitioners |
2 others,
Mst. SHABANA BEGUM
|
| Respondents |
NAEEMU-DIN
|
| Citations |
2015 SLD 2161,
2015 MLD 708,
2015 PLJ 18
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
25A
|