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Civil Transfer Application No.24 of 1985, decided on 20th April 1986.
‑‑‑S.25‑A‑‑Transfer of family suit‑‑Suit for dissolution of marriage by wife and suit for restitution of conjugal rights by husband were pending in different Courts‑‑To avoid possibility of conflict of decisions, hearing of both cases by one and same Court was considered proper and in interest of justice‑‑Husband's suit for restitution of conjugal rights was transferred to Court trying wife's suit for dissolution of marriage in circumstances.
A.F.M. Mokarim for Applicant.
Muhammad Ali Shaikh (absent) for Respondent.
Date of hearing: 20th April 1986.
The suit of the applicant/wife for dissolution of marriage is pending in the civil Court at Thatta, whereas the suit filed by the respondent /husband is pending in the civil Court at Karachi. This transfer application has been filed by the applicant/wife for transfer of the suit filed by the husband for restitution of conjugal rights to Thatta to the same Court, which is hearing the suit filed by the applicant for dissolution of marriage. I have heard learned counsel for the applicant. None is present for the respondent.
It is pointed out by the learned counsel for the applicant that the respondent/ husband had previously filed a transfer application for the transfer of the suit filed by the applicant in Thatta to Karachi but' that transfer application was dismissed by order, dated 18‑9‑1985 of this Court. If the two suits proceed in separate Courts there is possibility of conflict of decisions and therefore, it is considered proper and in the interest of justice that the suit, which had been filed in Karachi, .by the husband, be transferred to Thatta.
2. Transfer Application No.24 of 1985 is allowed anal the result i that Suit No.684 of 1985 (previous No.790 of 1985) filed by th respondent Nayyar Khan son of Baboo Khan at present pending in the Court of VIIIth Civil and Family Judge (East) Karachi is transferred t the file of Civil and Family Judge, Thatta, where Family Suit No.19 o 1985 filed by Mst. Farah Shahwar daughter of Syed Liaquat Hussai Zaidi is pending. Both the suits will be tried together by the learned Civil and Family Judge. Thatta.
There will be no order as to costs
H.B.T Suit transferred.
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