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Transfer Application No. 111-C and Civil Miscellaneous No. 1015 of 1986, decided on 11th May, 1986.
---S. 25-A--Family case--Transfer of--Husband instituted suit for restitution of conjugal rights at 'W'--Wife instituted suit for dissolution of marriage at 'S'--Marriage of parties took place at 'S'--Wife apprehended her abduction and danger to her life in going to 'W' to defend suit of husband--Husband not appearing before High Court in spite of his personal service--Suit for restitution of conjugal rights transferred to Court in which suit. for dissolution of marriage was pending.
Hasnat Ahmad Khan for Petitioner.
Date of hearing: 11th May, 1986.
This is an application by Mat. Perveen 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 Mr. Manzoor Ahmad Mirza, Judge Family Court, Wazirabad to the Court of Mr. Sardar Muhammad, Judge Family Court, Sargodha where her own suit for dissolution of marriage is pending.
2. It is stated that the marriage of the parties took place at Sargodha. It is further stated that the petitioner apprehends her abduction and danger to her life in going to Wazirabad to defend the suit of the respondent there.
3. No body is present on behalf of the respondent in spite of his personal service. Therefore, in view of the reasons given in the application the same is allowed ex parte and the suit of the respondent for restitution of conjugal rights is withdrawn from the Court of Mr. Manzoor Ahmad Mirza, Judge Family Court, ,Wazirabad and transferred to the Court 'of Mr. Sardar Muhammad, Judge Family Court, Sargodha. Both the Courts shall be informed accordingly.
H. A. K. Transfer application accepted.
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