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Transfer Application No. 399/C of 1983,' decided on 19th December,
1983.
---S. 25-A--Transfer of family suit, considerations for--Convenience of female and consideration that it would be more convenient if both suits were heard and disposed of together by same Court to be kept in view--High Court transferred husband's suit for restitution of conjugal rights from place F to place O where wife's suit for dissolution of marriage was pending.
B.A. Chaudhary for Petitioner.
Malik Muhammad Rashid Awan for Respondent.
Date of hearing: 19th December, 1983.
The petitioner has filed a suit against the respondent for the dissolution of her marriage which is pending in the Court of the Family judge at Okara. The respondent has filed a suit against the petitioner for the restitution of his conjugal rights which is pending in the Court of the Family Judge at Faisalabad. The petitioner has prayed that the respondent's suit be also transferred to the same Court at Okara where her own suit is pending. The nature of the two suits is as such that it will be more convenient if they are heard and disposed of together by the same Court. The parties were married at Okara. The petitioner is a woman and she has no relative within the prohibited degree staying in, Faisalabad. It will be, therefore, most inconvenient to her to go to Faisalabad to participate in the proceedings. On the other hand the respondent's inconvenience in going to Okara would be much less. Accordingly I withdraw the respondent's suit which is pending in the Court of the Family Judge at Faisalabad and transfer it to the Court of the Family Judge at Okara where the petitioner's own suit is pending, for disposal in accordance with law. There will be no order as to costs.
H . B . T .
Petition, accepted.
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