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Transfer Applications Nos. 283/C and 435/C of 1985, decided on 16th
‑‑‑S. 25‑A‑‑Transfer of suit‑‑Suit for maintenance of wife pending before Family Court at L while husband's suit for restitution of conjugal rights pending before Family Court at S‑‑Wife resident of L for a number of years and her minor daughter also admitted in School at L‑‑Taking into account inconvenience of wife to defend suit against her at S, suit was transferred to Family Court L, wherein her own suit for maintenance was pending‑‑Husband's application for transfer of wife's suit at S, thus stood dismissed.
Muhammad Akbar Cheema for Petitioner.
Ch. Sana Ullah Bajwa for Respondent.
This order shall dispose of two applications bearing No. T . A . 283/C of 1985 and T.A. 435/C of 1985.
2. Two suits are pending between the parties; one for maintenances filed by Mst. Irshad Bib in the Court of Mr. Ali Dastgir Syed, Judge Family Court, Lahore and the other for restitution of conjugal rights filed by Muhammad Nawaz, respondent in the Court of Mr. Zafar Iqbal Khan, Judge Family Court, Sialkot. Both the parties have filed applications for transfer of suits of each other to the Courts where their respective suits are pending.
3. It is stated that Mst. Irshad Bibi is residing with her brothers in Lahore since 1978 and it is there that her minor daughter is admitted in a school. According to her, it would be inconvenient to her to go to Sialkot to defend the suit of the respondent there.
4. In the circumstances, the application of Mst. lrshad Bibi is allowed and that of Muhammad Nawaz is dismissed. The suit of Muhammad Nawaz, respondent for restitution of conjugal rights is withdrawn from the Court of Mr. Zafar Iabal Khan, Judge Family Court, Sialkot and transferred to the Court of Mr. Ali Dastgir Syed, Judge Family Court, Lahore. Both the Courts shall be informed accordingly.
A.A. Order accordingly.
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