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SHEBNAZ BEGUM versus MUHAMMAD AFZAL


West Pakistan Family Court Act 1964 Section 25 Place to defend a marital rights lawsuit set up by the husband N con husband, keeping in view the distress and danger of the wife relocating the case \ N \ To keep \ L \ where the wife had her own case pending the dissolution of the marriage

1986 C L C 797

[Lahore]

Before Abdul Waheed, J

SHEHNAZ BEGUM‑‑Applicant

versus

MUHAMMAD AFZAL‑‑Respondent

Application No. 343/C of 1985, decided on 7th October, 1985

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

‑‑S. 25‑A‑‑Transfer of suit‑‑Keeping in view inconvenience of wife and her apprehension of danger in going to place 'N' to defend suit for restitution of conjugal rights instituted against her by husband‑ Court transferred suit instituted by husband from place 'N' to place 'L' where wife's own suit for dissolution of marriage was pending.

Muhammad Ahmad Hassan Khan for Applicant.

Nemo for Respondent.

Date of hearing: 7th October, 1985.

JUDGMENT

Nobody is present on behalf of the respondent in spite of personal service

Mst. Shehnaz Begum has moved this application under section 25‑A of the Family Courts Act for the transfer of a suit for restitution of conjugal rights instituted against her by the respondent from the Court of Fazal Zada Khan, Judge Family Court, Narowal, District Sialkot to the Court of Mr. K.M. Sohail, Judge Family Court, Lahore where her own suit for dissolution of marriage is pending.

3. It is stated that after her desertion by the respondent, the petitioner is residing permanently at Lahore for the last three year; with her sister, as her parents have already died and she has no other family member to live with. According to her, not only it is inconvenient to her but also she apprehends danger in going to Narowal to defend the suit of respondent.

4. In the circumstances, this application is allowed ex part e and the suit of the respondent is withdrawn from the Family Court, Narowal and transferred to the Court of Mr. K.M. Sohail, Judge Family Court Lahore. Both the Courts shall be informed accordingly.

H . B . T Application allowed

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