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Transfer Application No. 211-C of 1984, heard on 8th December, 1984.

---S.24--Transfer of case--Privilege of plaintiff to file a suit at place of his choice subject to powers of District Judge and High Court--Such privilege, held, was subject to defendant's right to show that suit should not be heard by that Court but transferred to some other Court of competent jurisdiction--Convenience of parties to be kept in mind in family cases.

---S.24--Transfer of case--Suit against petitioner instituted at place O--Petitioner a female, residing at place L and having a suckling child who could not be left alone if she was forced to go to place O off and on to defend suit against her--Case transferred to place L.

Rt.Rev.Kennath L.Orr. Attorney for Petitioner.

Ch.Manzoor Hussain for Respondent.

Date of hearing: 8th December, 1984.

The respondent who is a Christian has brought a suit for dissolution of marriage against the applicant, which is under hearing .in the Court of Mr.Abid Hussain, Civil Judge, Okara. Under the instant application, this suit is sought to be transferred to Lahore which is stated to be ordinary place of the applicant's residence.

2. I have heard the applicant's attorney and the respondent through his learned counsel. The reasons advanced in support of this transfer application, are, that the applicant visited Okara to defend the suit but she was physically manhandled and was also threatened of dire consequences by the respondent. It is further submitted that she is not maintaining good health and it would be extremely difficult and inconvenient for her to travel from Lahore to Okara with an eight months old child in her lap which is said to have born, out of wed-lock between the parties.

3. The learned counsel for the respondent opposes this application and contends that the plaintiff has the right to choose, the forum for institution of the suit, in accordance with law and since the cause of action arose to him at Okara, the suit had to be instituted at that place. The allegation that the applicant was manhandled has also been controverted.

4. It is correct that normally, if permitted by law, a plaintiff can file a suit at a place of his choice but such institution is subject to the powers of the District Judge or the High Court, under section 24, C.P.C. This privilege of the plaintiff, is, further subject to the defendant's right to show that the suit should not be heard by that Court, but transferred to some other Court of competent jurisdiction. In such like cases one of the factors to be kept in view, is the convenience of the parties. In this behalf, I feel that keeping in view the facts and circumstances of the case, the scales tilt in favour of the applicant who is a female. It is not disputed that she resides at Lahore. Indeed it would expose her to a lot of inconvenience, if with a suckling child, who cannot be left alone, she is forced to visit Okara, off and on to defend the suit. I feel that it would be in the interest of justice if the Civil suit is withdrawn from the Civil Court, Okara and assigned to a Court in Lahore.

5. Accordingly the file is withdrawn from the Court of Mr.Abid Hussain, Civil Judge, Okara and transferred to the Court of the learned District Judge, Lahore, who shall assign it, for disposal to some learned Civil Judge under his jurisdiction competent to hear the same. The suit shall be disposed of expeditiously. The parties are left to bear their own costs.

M.Y.H. Case transferred.

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