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Transfer Application No. 613-C of 1985, decided on 16th February, 1986.

---S. 25-A--Transfer of suit--Petitioner wife apprehended danger to life in case she appeared at place 'D' to defend suit for restitution of conjugal rights filed by respondent husband against her--Suit for restitution of conjugal rights in the interest of justice was transferred from .place 'D' to place 'L' where wife's suits for dissolution of marriage and recovery of dowry against husband were pending.

Bashir A. Mujahid for Petitioner.

Ch. Abdur Rashid for Respondent.

Date of hearing: 16th February, 1986.

This is an application moved by Mst. Shahnaz Bibi, petitioner .herein, seeking transfer of the suit titled 'Mukhtar Ahmad v. Mst. Shahnaz Bibi, for restitution of conjugal rights pending decision before the Judge, Family Court, Depalpur to the Judge, Family Court, Lahore.

2. The petitioner has filed two suits, one for dissolution of marriage and the other for recovery of dowry against Mukhtar Ahmad respondent at Lahore. She apprehends danger to her life, if she is required to appear before the Judge, Family Court, Depalpur prosecuting the suit for restitution of conjugal rights filed by the respondent against her.

3. After hearing learned counsel for the parties and primarily in the interest of justice, I direct that the suit for restitution of conjugal rights be withdrawn from the Judge, Family Court, Depalpur and assigned to Mr. Salah-ud-Din Judge, Family Court, Lahore for trial with suit for dissolution of marriage, already pending adjudication in his Court.

4. This petition is -allowed with no order as to costs.

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