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NASREEN AKHTAR versus MUNIR AHMAD


The transfer of the West Pakistan Family Court Act 1964 Section 25 Family Suit, considering the rationale for women's convenience and considering that it will be easier if both the courts are heard and dealt with by the same court, when the High Court The matter of the husband of the exchange should be kept in mind. Marriage restitution case from place F to marriage where marriage dissolution case is pending

1985 M L D 1006

[ Lahore ]

Before Saad Saood Jan, J

NASREEN AKH.TAR--Petitioner

versus

MUNIR AHMAD--Respondent

Transfer Application No. 399/C of 1983,' decided on 19th December,

1983.

West Pakistan Family Courts Act (XXXV of 1964)--

---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.

JUDGMENT

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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