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Transfer Application No.226‑C of 1986, decided on 2nd June, 1986.

‑‑‑S.25‑A‑‑Transfer of suit‑‑Petitioner wife apprehended her abduction and danger to life in case she appeared at place 'J' to defend suit for restitution of conjugal rights filed by husband against her‑‑Husband's suit for restitution of conjugal rights was transferred to place 'N' where petitioner wife was residing since she was turned out by husband and where her suit for dissolution of marriage against husband was pending prior to husband's suit.

Sardar Muhammad Anwar Khan for Petitioner.

Qazi Abdul Hayee for Respondent.

Date of hearing: 2nd June, 1986.

This application under section 25‑A of the Family Courts Act, 1964 seeks the transfer of the suit for restitution' of conjugal rights titled "Sadiq Ali v. Mst. Maqsooda Bibi" from the Judge Family Court, Jaranwala, District Faisalabad to the Judge Family Court, Nankana Sahib, District Sheikhupura.

2. The learned counsel for the petitioner contends that the respondent has filed the suit for restitution of conjugal rights at Jaranwala after the suit for maintenance instituted against him by the petitioner at Nankana Sahib had been decreed just to cause harassment to the petitioner.

The next contention of the learned counsel for the petitioner is that there being strained relations between the parties the petitioner who is a helpless poor woman has strong apprehension that she, would be abducted or bodily harmed if she goes to defend herself at Jaranwala, the place of residence of the respondent.

Lastly, the learned counsel has contended that the petitioner has been residing with her parents in Chak No.19/G.B. Tehsil Nankana Sahib, District Sheikhupura ever since she was turned out by the respondent from his house viz. for the last about four years and the respondent has never maintained her which has left the petitioner penniless and, therefore, unable to bear the expenses of litigation at another station.

3. The learned counsel for the respondent states that there is no objection to the transfer of the case.

4. In view of the above position, I accept this application and direct that the suit for restitution of conjugal rights titled "Sadiq Ali v. Mst. Maqsooda Bibi" be withdrawn from the Judge Family Court, Jaranwala and entrusted to the Judge Family Court, Nankana Sahib for adjudication in accordance with law.

The parties are, however, left to bear their own costs.

5. The parties are directed to appear before the transferee Court on 26‑6‑1986.

6. The Court from which the suit for restitution of conjugal rights titled "Sadiq Ali v. Mst. Maqsooda Bibi" has been withdrawn shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above.

H. B. T. Transfer application accepted.

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