Find a Lawyer

Transfer Application No. 325/C of 1982, decided on 12th June, 1983.

‑‑‑ S. 25‑A‑Transfer of case‑Suit for restitution of conjugal rights filed by husband as a counterblast to two suits filed by wife for dissolution of marriage and maintenance‑Common question of law and fact arising‑Inconvenient for wife to go to place where husband's suit filed‑Wife's contentions having support from principles governing transfer of cases arising under Family Court but contention raised by husband as to ordinary place of her resi dence a bare assertion‑Wife's petition for transfer of husband's suit accepted.

Muhammad Akbar

Cheema for Petitioner.

Muhammad Nawaz for Respondent.

Date of hearing : 12th June, 1983.

This is a petition under section 25‑A of West Pakistan Family Courts Act for the transfer of the suit for restitution of conjugal rights titled Shoji Muhammad v. Mst. Rashidan Bibi from the Court of Mr. Salah‑ud- Din, Judge Family Court Chunian to the Court of Mr. Nasim Ahmad, Judge Family Court, Lahore before whom two suits of the petitioner against the respondent, one for dissolution of marriage and the other for maintenance are already pending.

2. The learned counsel for the petitioner contended;

that the petitioner has instituted two suits against the respondent, one for dissolution of marriage and the other for maintenance before the Judge Family Court Lahore on 6th June, 1981 whereas the respondent as a counterblast has filed the suit for restitution of conjugal rights before the Judge Family Court, Chunian on 11th November, 1981 only for causing harassment to the petitioner ;

that common questions of law and fact are involved in the suits for dissolution of marriage and restitution of conjugal rights and it would be in the interest of justice that the two suits are tried by one and the same Court so that conflict of judgments could be avoided, and

that the petitioner" is a Pardahnasheen lady having shifted to Lahore since March, 1979 and having residence here and, there‑ fore, it will be inconvenient for her to go to Chunian to defend herself there.

3. On the other hand, the learned counsel for the respondent con tends that the petitioner is not ordinarily residing at Lahore and is still residing in the village at Chunian.

4. Having given consideration to the controversy involved I find that the contentions raised on behalf of the petitioner have force. These contentions also find support from the principles governing the transfer of cases arising under the Family Courts Act. It may also be observed that the contention raised by the learned counsel for the respondent as to the ordinary place of residence of the petitioner is just a bare assertion having no support whatsoever and, therefore, it cannot be given any weight.

5. In view of the foregoing discussion, accepting this petition, I direct that the suit for restitution of conjugal rights titled Shafi Muhammad, v. Rashidan Bibi pending in the Court of Mr. Salah‑ud‑Din, Judge Family Court Chunian be withdrawn from that Court and entrusted to the Court of Mr. Malik Nasim Ahmad, Judge Family Court Lahore before whom two suits of the petitioner against the respondent, one for dissolu tion of marriage and the other for maintenance are already pending, for adjudication in accordance with law.

There will however, be no order as to costs.

6. The parties shall appear before the transferee Court at Lahore on 22nd June, 1983.

7. The Court from which the case for restitution of conjugal rights titled Shaft Muhammad v. Mst. Rashidan Bibi has been withdrawn shall ensure that the record of the case is transmitted to the transferee Court before tie date fixed above.

8. The transferee Court shall consider the desirability of consolida tion/trial together of the suit for dissolution of marriage and restitution of conjugal rights. In any case same dates of hearing shall be fixed in all the suits between the parties to avoid inconvenience to them.

M. Y. H. Petition accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.