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Transfer Application 261/C of 1985, decided on 13th October, 1985.

‑‑S. 25‑A‑‑Transfer of suit‑‑Wife's suit against her husband was pr in time‑‑Wife apprehended danger to her life in going to place 'f'4' defend suit for restitution of conjugal rights filed against her husband‑‑Suit filed by husband was transferred to Court at place where wife's suit for dissolution of marriage was already pending.

Mian Muzaffar Ahmad for Petitioner.

Date of hearing: 7th October, 1985.

Nobody is present on behalf of the respondent 'even today. Nobody had appeared on his behalf on the last date. Copies of the plaints of the suits filed by the parties against each other have been filed.

2. This is an application filed by Mst. Allah Dawai alias Kalsoom Bibi 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 Senior Civil Judge/Judge Family Court, Mianwali to the Court of Mr. Mushtaq Hussain Bokhari, Civil Judge/Judge Family Court, Rahimyar Khan.

3. It is stated that the suit of the petitioner is prior in time and that she apprehends danger to her life in going to Mianwali to defend A the suit of the respondent there.

4. In view of the grounds set up by the petitioner in the application, the same is allowed ex parte and the suit of the respondent is withdrawn from the Family Court, Mianwali and transferred to the Family Court, Rahimyar Khan, where the suit of the petitioner is already pending. Both the Courts shall be informed accordingly.

H. B T. Application allowed.

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