IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE SYED MANSOOR ALI SHAH 
 
CMA NO. 284 OF 2021 
(For transfer of family suit from one Province to another) 
 
Mst. Kulsoom Rasheed  
 
 
            ...….Applicant(s) 
Versus 
Noman Aslam 
 
 
 
 
            ….Respondent(s) 
 
Applicant(s): 
 
Kulsoom Rasheem (In person)  
For the Respondent(s): N.R. 
Date of hearing: 
 
23.02.2021 
 
ORDER 
 
 
Mushir Alam, J.- It appears that the suit for recovery of 
maintenance and dowry articles filed in the court of Judge Family 
Court, Islamabad West was decreed ex-parte vide judgment dated 
24.02.2020. From the record it appears that the respondent is 
resident of Karachi and the decree could not possibly be executed at 
Islamabad. The applicant in person through titled application prays 
for transfer of the titled case from Judge Family Court Islamabad-
West to the court of competent jurisdiction/Judge Family Court, 
Karachi (Sindh) in terms of Section 25-A (2-B) of the Family Courts 
Act, 1964. For facility of reference the said provision is reproduced 
below:- 
 
“25A. Transfer of cases.-(1) Notwithstanding 
anything contained in any law the High Court 
may, either on the application of any party or of 
its own accord, by an order in writing. 
 
 … 
 
 
(2a)… 
 
(2b) On the application of any of the parties and 
after notice to the parties and after hearing such 
of them as desire to be heard, or of its own 
motion without such notice, the Supreme Court 
may at any state transfer any suit, appeal or 
other proceedings under this Act pending before a 
Court in one Province to a Court in another 
Province, competent to try or dispose of the 
same.” (emphasis supplied) 
 
CMA No.284/2021 
2
2. 
 
Bare perusal of the above provision reveals that this 
Court may order the transfer of proceedings pending from one 
jurisdiction to another more particularly from one Province to 
another either at the motion of the parties or on its own motion 
without notice.  
3. 
 
In view of the above stated legal position and looking 
into the facts and circumstances of the case, it would be 
cumbersome to issue notice to the respondent, who is resident of 
Karachi. Even otherwise it will burden the respondent with heavy 
cost on travelling or contesting the matter here. In order to protect 
the rights and interest of the parties and to ensure that right as 
conferred by Article 10A of the Constitution “fair trial” is protected, 
this Court can always make an order of transfer and the transferee 
court may take further proceedings from where it is left by the Court 
from which matter is transferred, only after due service of notice on 
the respondent. In view of the fact that the matter in issue relates to 
the execution of a decree passed in favour of the petitioner, who is 
also the wife of the respondent, the execution proceedings, in order 
to facilitate expeditious disposal, are ordered to be transferred from 
the Family Court/Guardian Judge, Islamabad-West to the District 
Judge, Karachi (concerned) who shall assign the matter to the 
competent Family Court concerned for the purpose of the execution 
of the judgment and decree noted above after due service on the 
respondent. 
4. 
This CMA is accordingly disposed of in the above terms. 
 
 
 
 
Islamabad, 
23rd February, 2021. 
Approved for reporting 
Iqbal 
 
 
Judge 
 
 
Judge 
   
 
