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[Lahore]
Transfer Applications Nos. 320/C of 1984, decided on 12th February, 1985.
---S. 25-A--Transfer of Family suit--Husband's suit for restitution of conjugal rights pending in Court at L--Wife's suit for dissolution of marriage filed in Court at S--Transfer application by husband that suit pending in Court at S be transferred to Court at L where his own suit for restitution of conjugal rights was pending--Wife's application that case filed by husband be transferred to Court at S--Husband's case was ordered to be transferred from' Court at L to Court at S where wife's suit for dissolution of marriage was pending--Suits were ordered to be tried by one Court in order to (i) avoid likelihood of two contradictory decrees coming into existence; (11) husband was already to attend suit filed by wife and in his suit only arguments were to be addressed as evidence had already been recorded--Transfer, held, would not cause much inconvenience to husband--Transferee Court was to decide both suits simultaneously--Wife's suit for maintenance, was however, also transferred to transferee Judge with consent of parties.
Mian Khurshid Alam Ramay for Petitioner.
Ghulam Nabi Bhatti for Respondent.
Date of hearing: 12th February, 1985.
It has been stated by the learned counsel for the parties (hat the suit entitled "Barkat Ali v. Mst. Sughran Bibi" for the restitution of conjugal rights pending with Ch. Muhammad Amjad Parvaiz, Judge family Court, Lahore is at arguments stage and in the suit entitled "Mst. Sughran Bibi v. Barkat Ali" for the dissolution of marriage pending with Ch. Muhammad Younis Judge Family Court, Sheikhupura the evidence is yet to be recorded.
The suit filed by Barkat Ali for lire restitution of conjugal rights is ordered to be transferred to Ch. Muhammad Younis, Judge Family Court, Sheikhupura who is seized of the suit filed by Mst. Sughran for the dissolution of marriage. This is being done for the reasons that as a matter of course such suits are tried by one Court in order to avoid the likelihood of two contradictory decrees coming into existence. Secondly Barkat Ali i, already to attend the suit filed by Mst. Sughran and as to his suit simply tire arguments are to be addressed, therefore, the transfer will not cause much inconvenience to him. The learned Judge is to decided both the suits simultaneously
3. The suit entitled Naseem Bibi and others v. Barkat Ali for maintenance pending with Mr. Mushtaq Ahmad Sheikh, Judge Family Court, Sheikhupura is also transferred to the Court of Ch. Muhammad Younis, Judge Family Court, Sheikhupura with the consent of the parties.
4. Both the Transfer Applications Nos. 433-C of 1984 and 320-C of 1984 stand disposed of without any order as to costs.
A. A.
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