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Transfer Application No. 55-C of 1983, decided on 28th February, 1983.

---S. 25-A--Transfer of family suit--Petitioner/wife claiming to be resident of District 'L' and intending transfer of suit for restitution of conjugal rights from District 'S'--Held, that question whether or not she was resident of District 'L' was matter of fact to be decided by trial Court--Suit transferred to District 'L' with direction, if trial Court at 'L' came to conclusion that it had no jurisdiction such suit will stand transferred from District 'L' to District 'S'--Petition allowed in circumstances.

Muhammad Sharif Butt for Petitioner.

Muhammad Akmal Saleemi for Respondent.

Date of hearing: 28th February, 1983.

The learned counsel for the respondent contends that Mat. Nusrat Bibi, petitioner, is not ordinary resident of Lahore and that she actually belongs to Chak No. 46/EB, Tehsil Pakpattan, District Sahiwal, where her marriage with the respondent was solemnized. He seriously objects to the territorial jurisdiction of Family Court at Lahore to entertain her cause. The learned counsel for the petitioner, on the other hand, states that she lives with her maternal-uncle at Lahore and that the Family Court at Lahore has jurisdiction to try and decide her suit. The question whether or not she is resident of Lahore is one of fact and will have to be decided by the trial Court. If the trial Court at Lahore comes to the conclusion that it has no jurisdiction it will return A the plaint to the petitioner and in that event the suit for restitution of conjugal rights brought by the respondent against her will stand transferred back to the Court of Mr. Ghulam Rasul Ranjha, Judge, Family Court, Okara, from where it is withdrawn and transferred to the Court of Mr. Iftikhar Hussain Shah, Judge, Family Court, Lahore. The parties have been directed to appear before the Court of Mr. Iftikhar Hussain Shah, Judge, Family Court, Lahore, on the 14th March, 1983. H.B.T. Petition allowed.