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Transfer Applications Nos. 194/C and 189/C of 1984, decided on 20th March, 1985.

--S. 25-A--Transfer of family suit---Application for--Suits (i) for dissolution of marriage, (11) for maintenance, and (iii) for recovery of dower filed by wife in Court at O--Husband's suit for restitution of conjugal rights pending in Court at L--Application by wife for transfer of husband's case to Court at O--Husband's application for transfer of cases pending against him to Court at L--Suit filed by husband was earlier in time--After tendering appearance in Court at L wife instituting three suits in Court at O--Marriage of parties, performed at L--Brothers of wife being residents of L--Wife herself had been living at L with brothers before taking up residence with maternal-uncle--Wife ordinary resident of L--Three cases filed by wife against husband were transferred to Court at L, to be heard by Court in which husband's suit was pending trial.

This order will dispose of Transfer Applications Nos. 194-C and 189-C of 1984 as questions of law and facts involved therein as well as the parties thereto are common.

2. Qamar Sultana and Muhammad Nasir were married about ten years ago. As disputes arose they separated about four years ago and then three suits were filed by Mst. Qamar Sultana against Muhammad Nabi the detail whereof is as follows:-

(i) Suit for dissolution of marriage pending before Mr. Abid Hussain Qureshi, Judge Family Court, Okara;

(ii) Suit for maintenance pending before Mr. Abid Hussain Qureshi, Judge Family Court, Okara; and

(iii) Suit for recovery of dower pending before.. Mr. Ghulam Rasool Arshed Ranjha, Judge Family Court, Okara.

Muhammad Nasir on the other hand filed a suit for the restitution of conjugal rights which is pending before Mr. Masood Umar, Judge Family Court, Lahore. The suit filed by Muhammad Nasir was admittedly earlier in time. In this suit Mst. Qamar Sultana was served at her Lahore address. She tendered appearance through a counsel in the said suit and it was thereafter that she instituted three suits at Okara. It is claimed that she is living alonghwith her mother in the house, of her maternal-uncle in Rahim Bakhsh Colony, Renala Khurd, Tehsil and District Okara. It is, however not denied that the marriage was performed at Lahore and the parties last resided in Lahore as well. The brothers of Mst. Qamar Sultana are admittedly residents of Lahore. It is also not denied that before taking up. the residence with her maternal-uncle A she as well as her mother were living at Lahore with their brothers and sons respectively. In view of these facts I am of the view that Mst. Qamar Sultana is an ordinary resident of Lahore. The three suits filed by her the details whereof has been given above are, therefore, ordered to be transferred to the Court of Mr. Masood Umar, Judge Family Court, Lahore in which Court the suit for restitution of conjugal rights of Muhammad Nasir is already pending. With these observations the two transfer applications are disposed of accordingly. The parties are, however, left to bear their own costs.

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