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Transfer Application No. 249‑C of 1984, decided on 3rd July. 1984.
‑‑‑S. 25‑A‑‑Transfer of family suit‑‑Suit for dissolution of marriage by wife pending in Court at S while husband's suit for restitution of conjugal rights pending in Court at B‑‑Common question of law and fact likely to arise‑‑To avoid conflicting decisions both suits, held, should be heard and decided by one and same Court‑‑Wife being female, more care should be taken of her convenience than that of husband‑ Husband's suit transferred to place where wife's suit pending.
Rao Hamid Mukhtar Khan for Petitioner.
Nemo for Respondent.
Date of hearing: 3rd July, 1984.
Mst. Shahnaz Akhtar has made this petition for transfer of a suit for restitution of conjugal rights brought by her husband, Manzoor Ali, before Mr. Muhammad Hassan Gardezi, Judge, Family Court, Bahawalpur. Her husband is respondent in the instant petition. As against the respondent's suit, the petitioner has brought a suit for dissolution of marriage, against the respondent, which is pending decision before the Judge, Family Court Sargodha. The petitioner has prayed that the respondent's suit may be transferred to the e said Court at Sargodha.
2. In view of the nature of the two suits, common question of law and fact are likely to arise therein. Therefore, in order to avoid conflicting decisions on such questions it is desirable that both the suits should be heard and decided by one and the same Court. Since the petitioner is a female and the respondent is a male more care deserves to be taken of her convenience than that of the respondent. I, therefore, accept this petition and transfer the respondent's suit from the Court of Mr. Muhammad Hassan Gardezi, Judge, Family Court, Bahawalpur, to the aforementioned Family Court of Sargodha which is seized of the petitioner's suit for dissolution of marriage. There shall be no order as to costs.
A.A. Husband's suit transferred.
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