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Transfer Application No. 90-C of 1983, heard on 11th February, 1983.

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

---S. 25-A--Transfer of family suit--Grounds--Validity--Wife's suit for dissolution of marriage earlier than husband's suit for restitution of conjugal rights--Marriage of parties performed in jurisdiction of Court at place T--Same questions of law and facts were likely to be involved in two suits and to avoid conflict of judgments, it was necessary that suit be tried by one Court--Contentions, held, were forceful and according to settled principles governing transfer of suits under Family Courts Act, husband's suit transferred from place 'L' to place 'T' in circumstances.

M. Javeed Ahmad for Petitioner.

Nemo for Respondent.

Date of hearing: 11th February, 1984.

This petition under section 25-A of the West Pakistan Family Courts Act, 1964, seeks transfer of the suit for restitution of conjugal rights titled Aseet; Khan v. Mst. Saidan Begum from the Court of Mr. Masood Ahmad Ghuman, Judge Family Court, Lahore to the Court of Mr. Ijaz Ahmad Butter, Civil Judge/Judge Family Court Talagang, District Attock.

2. The learned counsel for the petitioner contends:-

FIRST, that the petitioner instituted the suit for dissolution of marriage earlier than the suit of respondent who instituted the same at Lahore only as a counterblast;

SECONDLY, that the marriage of the parties was performed him the jurisdiction of Union Council Tehi, Tehsil Talagang, District Attock and as such the most appropriate place for adjudication of the two suits is the Court of the Judge Family Court, Talagang; and LASTLY, that same questions of law and fact are likely to be involved in the two suits and as such the same may be tried by one and the same Court to avoid conflict of judgments.

3. No one has appeared for the respondent to contest this petition. As such the respondent has been proceeded against ex parte.

4. The contentions raised on behalf of the petitioner have force and find support from the settled principles governing the subject of trial and transfer of suits under the Family Courts Act.

5. In view of the foregoing position, accepting this petition, I direct that the suit for restitution of conjugal rights titled Aseeb Khan v. Mst. Saidan Begum he withdrawn from the Court of Judge Family Court, Lahore, and entrusted to Mr. Ijraz Ahmad Butter, Judge Family Court, Talagang District Attock for adjudication in accordance with law.

6. The respondent having not appeared, there will be no order as to costs.

7. The parties shall appear before the transferee Court at Talagang on 15th of March, 1984. The transferee Court shall give the same dates of hearing in both the suits to avoid inconvenience to the respondent..

8. The learned Judge Family Court at Lahore, from whom the suit for restitution of conjugal rights titled Aseeb Khan v. Mst. Saidan Begum has been withdrawn, shall ensure that the record of the said suit is transmitted to the transferree Court well before the date fixed above.

H . B . T .

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