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Transfer Application No. 176/C of 1985, decided on 9th June, 1985.

---S. 25-A--Transfer of suit--Wife's suit for dissolution of marriage being prior in time--Wife undisputedly was residing at place Allegation of threat of dire consequences was also levelled by wife against her husband in her application--Husband's suit was withdrawn from place H and ordered to be transferred at place L where wife's suit for dissolution of marriage was pending.

Ch. Muhammad Jameel for Applicant.

Ch. Ghulam Rasul Warraich for Respondent.

Two suits are pending between the parties; one for dissolution of marriage filed by the petitioner in the Court of Mr. Nabi Ahmad, Judge, Family Court, Lahore and the other for restitution of conjugal rights instituted by the respondent in the Court of Mr. Abdul Sattar, Judge, Family Court, Hafizabad. The petitioner applies for the transfer of the suit of the respondent from Hafizabad to Lahore.

2. It is admitted that the suit of the petitioner is prior in time. Learned counsel fore.-the -respondent asserts that the petitioner is a permanent resident of Hafizabad. On the other hand, it is stated on behalf of the petitioner that she is residing with her brother at Lahore. This statement is not controverted by the learned counsel for the respondent. The petitioner has alleged in the application that she has been threatened by the respondent with dire consequences in case she goes to Hafizabad to contest tire suit of the respondent there. Besides, in view of the nature of the suits it is desirable that both are heard together.

3. In the circumstances, this application is accepted and the suit of the respondent is withdrawn from the Family Court, Hafizabad and transferred to the Family Court, Lahore, where the suit of the petitioner for dissolution of marriage is pending. Both the Courts shall be informed accordingly.

H.B.T.

Petition accepted

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