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Transfer Application No. 127/C of 1981, decided on 26th May, 1981

‑‑ S. 25‑A‑Transfer of family suit‑Petitioner apprehending mischief at hands of respondent to defend his suit‑Petitioner's minor son earlier abducted by respondent and restored through Police agency‑Balance of convenience lying in favour of transfer of respondent's suits to Judge Family Court seized of suits filed by petitioner‑All suits, held, to be heard by one and same Court to avoid contradictory judgments‑Respondent': suit transferred in circumstances of case.

Miss Gulshan Ara Alam for Petitioner.

Respondent in person.

Date of hearing : 26th May, 1981.

The petitioner has filed two suits, one for dissolution of marriage and the other for maintenance of her minor son before the Judge, Family Court, Sheikhupura. On the other hand the respondent's two suits one for restitution of conjugal rights is pending before the Judge, Family Court, Kharian and the other for custody of the minor is pending before the Senior Civil Judge, Gujrat. The petitioner has prayed for transfer of the respondent's suits to Sheikhupura.

2. Learned counsel for the petitioner submitted that the petitioner apprehends mischief at the hands of the respondent, if she goes to Kharian or Gujrat in order to defend the suits there. In fact the minor son of the petitioner was earlier abducted by the respondent and was restored through the agency of Police. In order to avoid contradictory judgments, all the suits should be heard by one and the same Court. The balance of convenience lies in favour of the transfer of the respondents suit to Sheikhupura. I, therefore, direct the transfer of the above mentioned two suits of the respondent to the Judge, Family Court, Sheikhupura, who is seized of the suits of the petitioner. Petition succeeds. No costs.

M. Y. H. Application accepted.

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