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Transfer Application No.520-C of 1984, decided on 9th February, 1985.

S. 25-A--Suits for restitution of conjugal rights, try husband and dissolution of marriage by wife--'transfer of--Wife admittedly residing permanently with her parents at place 'A' and filed suit for dissolution of marriage at place 'O'--Husband filed suit for conjugal rights at place 'S'--Wife filed petition to transfer husband's suit from place 'S' to place 'O'--Application of wife rejected, however, on consent of parties both suits ordered to be transferred at place 'F'.

Inayat Ullah for Applicant.

Sardar Ali for Respondent.

Through this application Mst. Kalsoom Akhtar prays that the suit for restitution of conjugal rights filed against her by the respondent, under hearing in the Court of Rana Sardar Muhammad, Judge Family Court, Sargodha, may be transferred to the Court of Syed Afzaal Hussain Kazmi, Family Judge, Okara, who is already seized of the suit for dissolution of marriage.

2. I have heard the learned counsel for the parties and examined the available record. The transfer application has been opposed by the learned counsel for the respondent, mainly on the ground that the applicant is a permanent resident-of Chak No.478 G. B. Tehsil Samundri, District Faisalabad, where her parents are 'also residing and that the suit has been brought by her at Okara merely to harass him. In support of the submission, the learned counsel has placed before me a photostat copy of the respondent's National Identity Card No. 251-65-105877 issued in her name by the Assistant Director, Faisalabad on 13-12-1984 i.e. after the institution of the suit for the dissolution of marriage. Her address entered therein is Chak No. 478/G.B. aforesaid. The learned counsel for the respondent, has, however, no objection if, both the suits are transferred to some Family Court at Faisalabad.

3. The learned counsel for the applicant is unable to refute the stand taken up by the learned counsel for the respondent and has prayed for a short adjournment to seek instruction from the applicant. I see no good ground to adjourn the case. However, the learned counsel for both the parties agree that both the suits be heard by the same Court.

4. In this view of the matter, the suit for restitution of conjugal rights and for dissolution of marriage, are withdrawn from the respective Courts in which these are under hearing and transferred to the Court of Senior Civil Judge, Faisalabad with powers of Judge Family Court. Both the suits shall be enlisted for hearing on the same date and decided expeditiously. With these observations the transfer application stands disposed of leaving the Parties to bear their own costs.

H. B. T. Application disposed of.

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