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Transfer Application No. 17/C of 1982, decided on 21st April, 1982,
‑‑‑ S. 25‑A‑Transfer of civil suits‑Civil suit of respondent‑husband for restitution of conjugal rights pending at place P while suit of petitioner wife for recovery of dower and dowry articles filed at place L‑Transfer of respondent's suit from place P to place L pressed on ground that petitioner is a pardanasheen lady and unable to attend Court at place P‑Petitioner, held, being a pardanasheen lady, balance of convenience would lie in her favour‑Transfer application al16Ved, in circumstances.
Ruaqaiyya Sultana v. Muhammad Younus 1982 C L C 36 and Mukhtar Sultan v. Tassadaque Hussain P L D 1979 Lah. 34(1) rel.
Sh. Khalil‑ur‑Rehman for Petitioner.
C. M. Sarfraz for Respondent.
Date of hearing : 21st April, 1982.
2. It is admitted that 'the respondent filed a suit, for restitution of conjugal rights against the petitioner before the Judge, Family Court, Pasroor. Subsequently the petitioner has also filed a suit for recovery of dower against the respondent at Lahore and has also filed another suit for recovery of dowry articles at Lahore. She has alleged in the under consideration transfer application that she being a Pardanasheen lady is unable to attend the Court at Pasroor and also apprehends harm at his bands in case she goes to defend the litigation against her at Pasroor.
3. In Ruqqaiyya Sultana v. Muhammad Younus (1982 C L C 36) wife's suit for maintenance was filed at Lahore while husband's suit for restitution of conjugal rights was filed at Gujranwala and it was held that there was greater inconvenience to the wife as compared with the husband and consequently husband's suit was transferred to Lahore. Similarly in Mukhtar Sultana v. Tassadaque Hussain (P L D 1979 Lah. 341(1)) although husband had earlier filed suit for restitution of conjugal rights at Bahawalpur and the wife subsequently filed suit for dissolution of marriage at Multan but it was held that the balance of con venience laid in both the suits being heard at Multan.
4. In the present case the petitioner being a Pardahnasheen lady the balance of convenience lies in her favour and consequently her transfer application is allowed and the respondent's suit for restitution of conjugal rights filed at Pasroor is transferred to the Court of Mr. Khalid Rashid, Civil Judge, Lahore in whose Court suits filed by the petitioner for recovery of dower and recovery of dowry articles are pending. The records of the suit for restitution of conjugal 'rights filed by the respondent the petitioner at Pasroor stands requisitioned in this Court and may be transmitted to the transferee Court under intimation to the Court of Judge, Family Court, Pasroor.
S. G. D. Case transferred.
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