WEST PAKISTAN FAMILY COURTS (NORTH WEST FRONTIER PROVINCE) (AMENDMENT)
16th October, 1996
An Act further to amend the West Pakistan Family Courts Act, 1964
No.PA/NWFP/Legis/96/17111, dated 16 10 1996. The West Pakistan Family Courts (North West Frontier Province) (Amendment) Bill, 1996, having been passed by the Provincial Assembly of the North West Frontier Province on the 6th October, 1996 and assented to by the Governor of the North West Frontier Province on the 14th October, 1996 is hereby published as an Act of the Provincial Legislature of North West Frontier Province.
Preamble. Whereas it is expedient further to amend the West Pakistan Family Courts Act, 1964 (W. P. Act XXXV of 1964).
It is hereby enacted as follows:
1. Short title and commencement. (1) This Act may be called the West Pakistan Family Courts (North West Frontier Province) (Amendment) Act, 1996.
(2) It shall come into force at once.
2. Addition of section 25 A to W.P. Act XXXV of 1964. In the West Pakistan Family Courts Act, 1964 Act XXXV of 1964), after section 25, the following new section shall be inserted, namely:
“25 A. 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—
(a) transfer any suit or other proceeding under this Act from a Family Court in one district to a Family Court in another district; and
(b) transfer any appeal or other proceeding under this Act form a District Court in one district to a District Court in another district.
(2) A District Judge, within the district of his jurisdiction, may, either on the application of any party or of his own accord, by an order in writing transfer any suit or other proceeding under this Act from one Family Court to another Family Court.
(3) Any Court to which a suit, appeal or other proceeding is transferred tinder the preceding subsection shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of in the manner as if it were instituted or piled before it:
Provided that on such transfer, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing, directs otherwise. ”