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SATT BHARI versus MUHAMMAD IQBAL


Section 25A [as contained in the West Pakistan Family Courts (Punjab Amendment) Act (XXIV of 1971)] Transfer of Family Matters to the District J Case for transfer of two suits to the District [Transfer of Cases]
1982 C L C 533

[Lahore]

Before Aslam Riaz Hussain, C J

SATT BHARI‑Petitioner

versus

MUHAMMAD IQBAL‑Respondent

Transfer Application No. 3/C of 1977, decided on 15th June, 1977.

West Pakistan Family Courts Act (XXXV of 1964)‑

S. 25‑A [as added by West Pakistan Family Courts (Punjab Amendment) Act (XXIV of 1971)]‑Transfer of family cases‑Wife filing suit for dissolution of marriage at District R‑Husband filing suit for restitution of conjugal rights at District J‑Both parties agreeing to transfer of two suits to District J‑Case transferred to District [Transfer of cases].

Sh. Muhammad Usman for Petitioner.

R. A. Awan for Respondent,

ORDER

This is an application by Mst. Satt Bhari, for transfer of suit for restitution of conjugal rights filed by her husband Muhammad lqbal against her at Lahore where it is pending in the Court of Mr. Akbar Ali Cheema; Judge, Family Court, to a Court of competent jurisdiction at Rawalpindi, where suit for dissolution of marriage filed by her is pending.

2. Learned counsel for the respondent, however, submits that the whole family of the petitioner resides at Jhelum where the marriage was solemnized and the witnesses also belong to Jhelum. Therefore it would be convenient for both the parties if the two cases are transfered to Jhelum.

3. Learned counsel for both the parties agree to the transfer of the two cases to Jhelum where they should be heard by the same learned Judge, Family Court.

4. Let both the cases, i.e. one for restitution of conjugal rights filed by A Muhammad Iqbal, respondent pending in the Court of Mr. Akbar Ali Cheema, Judge, Family Court, Lahore, and (2) the other for dissolution of marriage filed by the petitioner, pending in the Court of Hafiz Khalil Ahmad Judge, Tamil Court, Rawalpindi, be transferred to Judge, Family Court, Jhelum, to heard and disposed of together by the same Judge.

5. This disposes of the application.

M. Y. M. Appeal allowed.

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