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Transfer Application No. 465/C of 1985, heard on 12th March, 1985.

Civil Procedure Code (V of 1908)--

---S. 24--Transfer of suit--Wife filing case for dissolution of marriage against husband in Court at J--Husband filing case against wife for restitution of conjugal rights in Court at C--Husband's suit transferred to Court at J on application of wife--Husband filing another case against wife in Court at C--Transfer application by wife for transfer of subsequent suit to Court at J--Case transferred to Court at J which in exercise of powers as Family Court was already seized of parties' suit for dissolution of marriage and restitution of conjugal rights.

Bashir Hussain Khalid for Petitioner.

Respondent Ex parte.

Date of hearing: 12th March, 1985.

This is a petition under section 24, C. P. C. for the transfer of the suit instituted by the respondent against the petitioner for recovery of ornaments, clothes and cash allegedly taken away by the petitioner from his house. The petitioner has stated that the aforementioned suit is an off-shoot of the matrimonial dispute between the parties. She instituted a suit for dissolution of marriage against the respondent in the Family Court, Jhang, while the respondent filed a suit for restitution of conjugal rights against her in the Family Court, Chichawatni. The last mentioned suit was transferred under the orders of this Court to Jhang. Meanwhile, the respondent instituted another suit against the petitioner in the Court of Civil Judge, Chichawatni for recovery of ornaments and clothes etc. She has stated that the above suit has been instituted by the respondent to cause harassment to her and to put her to inconvenience, as it would be difficult for her to go to Chichawatni from. Jhang to defend the aforementioned suit.

2. Notice was issued to the respondent who, however, refused to accept service. He has been proceeded against ex parte.

3. After going through the petition submitted by the petitioner and hearing the submissions made by her counsel, the request made by the petitioner for the transfer of the suit pending in the Court of Civil Judge, Chichawatni to the Court of Mr. Muhammad Latif, Civil Judge, Jhang, who in exercise of powers as a Family Curt Judge, is already seized of the parties' suit for dissolution of marriage anti restitution of conjugal rights appears to be proper and is accordingly allowed.

A.A.

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