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‑‑.S. 25‑A ‑Transfer of family suit‑Suits for dissolution of marriage and restitution of conjugal rights between same parties ought to be heard by one and same Court , to avoid conflict of judgment‑Place of adjudication of such suits preferably be one where wife institutes proceedings‑Prior filing of suit for restitution of conjugal rights no impediment in transfer of such suit‑Suit for restitution of conjugal rights transferred to Court where suit for dissolution of marriage pending.

Mukhtar Sultana v. Tasadaq (Tasadaq Hussain) P L D 1979 Lab. 34(1) and Salma Bibi v. Muhammad lqbal P L D 1982 Lab. 455 rel.

Ahmad Javed Jilani for Petitioner.

Ch. Abdul Majid for Respondent.

Date of hearing : 19th January, 1983.

This application under section 25‑A of the W. P. Family Courts Act. 1964. seeks the transfer of the suit for restitution of conjugal rights filed by the respnndent against the petitioner titled "Brig. (Retd.) Riaz Ahmad v. Mst. Qarnar Jehar" pending in the Court of Mr. Abdul Karim Lungah. Judge Family Court. Islamabad to the Court of Mr. Ali Sana Shakir Bokhari. Judge Family Court. Lahore before whom the petitioner has instituted the suit for dissolution of marriage.

2. The facts necessary for the purposes of this application, briefly stated. are that the petitioner was married to the respondent at Lahore on 23rd April, 1982 but soon after the spouses .fell out. As a result the petitioner started living with her brothers at Lahore.

3. The respondent filed the suit for restitution of conjugal rights at. 'Islamabad whereupon the petitioner instituted the suit for dissolution of her marriage against the respondent at Lahore. It is the former suit which is sought to be transferred from Islamabad to Lahore.

4. The learned counsel for the petitioner contends. firstly : that the petitioner apprehends that she may be abducted by the respondent as the latter has extended threats to her in this regard as also threats of bodily harm ;

secondly : that the petitioner has no financial resources to go all the way from Lahore to Islamabad to defend herself ; and

thirdly : that the petitioner's father having died and‑ her brothers being busy in their own affairs she has no male member in the family who could find time to escort her to Islamabad.

5. On the contrary, the learned counsel for the respondent submits

(i) that the suit of the respondent against the petitioner is earlier in time than that of the petitioner ; and

(ii) as regards the threats the learned counsel denies the allegation and submits that the respondent is prepared to furnish security that no harm would be done to the petitioner : It is, however, conceded that the marriage of the parties was performed at Lahore and that the petitioner is now residing at Lahore with her brothers.

6. Having given consideration to the controversy involved I find that apart from the submissions made on behalf of the petitioner the suit of the respondent is liable to be transferred for the reason that suits for dissolution of marriage and restitution of conjugal rights between the same parties ought better to be tried by one and the same Court to avoid conflict of judgment as common questions of law and fact are involved in both. There can also be no denying the well‑established principle that the place of adjudication of such disputes can preferably be the one where the wife institutes the proceedings. It is also the established principle that there is no impediment in the way of transfer of the suit for restitution of conjugal rights ii the same has been filed earlier than the suit for dissolu tion of marriage instituted by the wife. Refer Mukhtar Sultana v. Tasadaq (Tasadaq Hussain) (P L D 1979 Lab. 34) and Salma Bibi v. Muhammad lqbal (P L D 1982 Lab. 455).

7. In view of the foregoing accepting this application I direct that the suit for restitution of conjugal rights titled "Brig. (Recd.) Riaz Ahmad v. Mst. Qamar Jehan" pending in the Court of Mr. Abdul Karim Lungah, Judge Family Court, Islamabad be withdrawn from his Court and entrus ted to the Court of Mr. Ali Sana Shakir Bokhari, Judge Family Court, Lahore before whom the petitioner's suit for dissolution of marriage is pending, for disposal in accordance with law.

There will be no order as to costs.

The learned transferee Court shall consider the desirability of consoli. dation/trial together of both the suits, It shall, however, fix the suits on the same date of hearing to avoid inconvenience to the parties.

The learned counsel for the parties state that the suit for dissolution of marriage instituted at Lahore is fixed for hearing on 2nd February, 1983. The parties shall appear in the suit for restitution of conjugal rights before the learned transferee Court on the said date.

The Court from which the case has been withdrawn shall ensure that the record of the case is transmitted to the transferee Court by 31st January, 1983.

K. M. A. Case transferred

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