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Transfer Application No.13/C of 1985, decided on 24th March, 1985.
---S. 25-A--Transfer of suit for restitution of conjugal rights--Grounds for--Inconvenience for wife to attend litigation at two different stations--Apprehension of suffering physical harm by wife in going to place 'L' where suit was pending against her--Common questions of law and facts were likely to arise in suits of parties--Held, convenience of lady litigant being only determining factor in such cases, it was obvious that entire litigation between parties should be determined by Court at place 'K' where wife's suit for dissolution of marriage was pending--Husband's suit ordered to be transferred from place 'L' to place 'K' in circumstances.
Yousaf Kazmi for Petitioner.
Syed Samar Hussain Shah for Respondent.
Date of hearing: 24th March, 1985.
This application,. under section 25-A of the Punjab Family Courts Act, 1964, has been filed by Mst. Nusrat Bibi for transfer of a suit for restitution of conjugal rights filed by the respondent in the Family Court at Lahore.
2. Nikah of the parties was performed about six years before and it is alleged that Rukhsati had not yet taken place when their relations became strained. Mst. Nusrat Bibi resides with her parents in Kasur and they are arrayed in litigation against each other. A suit for dissolution of marriage filed by Mst. Nusrat Bibi is pending in the Court of a Family Judge at Kasur, whereas the suit of the respondent Faqir Hussain Shah is pending in the Court of Mr. Ijaz Qutab, Family Judge, Lahore.
3. Her plea for transfer of the suit of the respondent from Lahore to Kasur is based on the ground that it will not be convenient for her to attend to the litigation at two different stations. She has also expressed apprehension of suffering physical harm in having to go to Lahore to defend the suit. Since common questions of law and fact are likely to arise in the suits of the parties, therefore, in order to avoid thepossibility of conflict in their decisions they should be tried in one Court. Convenience of a lady-litigant being the only determining factor in such cases, it is obvious that the entire litigation between the parties should be determined by the Court at Kasur. The respondent is represented by Syed Samar Hussain Shah, Advocate who has not seriously opposed the prayer for transfer.
4. For .the foregoing reasons, suit of the respondent is withdrawn from the Court of Family Judge, Lahore and is entrusted to the Family Judge Kasur before whom her suit is already pending so that the same may also be tried there, if not consolidated with her suit, at least on the same dates, so that both the suits are decided simultaneously. Learned Judge at Lahore will forthwith transmit the file of relevant suit to the learned Senior Civil Judge, Kasur for its entrustment to the concerned Judge who will thereupon fix both the suits for a date convenient to him and will proceed to try them as directed above.
5. This application is accordingly allowed. No order as to costs.
H.B.T. Case transferred.