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IRSHAD BEGUM versus GUL MUHAMMAD


Nothing is available on the transfer record of the prosecution of the West Pakistan Family Court Act 1964 Section 25 case to prove that the respondent's husband is a defective person who will have difficulty attending court on the spot. M \ where the applicant is facing trial for dissolution of his wife's marriage. She ordered the KA-ordered case restoration of marital rights filed against the wife by the husband, in order to dissolve the marriage, keeping in view the important element of women's party convenience. The wife had a case. Pending against husband

1987 C L C 590

[Lahore]

Before Muhammad Munir Khan, J

IRSHAD BEGUM‑‑Petitioner

versus

GUL MUHAMMAD‑‑Respondent

Transfer Application No. 46 of 1983, heard on 18th June,1983.

West Pakistan Family Courts Act (XXXV of 1964)‑‑

‑‑‑S. 25‑A‑‑Transfer of suit‑‑Justification‑‑Nothing available on record to show that respondent husband was infirm person who would feel inconvenience to attend Court at place 'M' where petitioner wife's suit for dissolution of marriage was pending against him‑‑Keeping in view dominant factor of convenience of female party, suit for restitution of conjugal rights filed by husband against wife at place 'K.A' was ordered to be transferred to Court at place 'M' where wife's suit for dissolution of marriage was pending against husband.

S. Mazhar Hussain Bokhary for Petitioner.

Mian Habib Ahmad Ansari for Respondent.

Date of hearing: 18th June, 1986.

JUDGMENT

This is an application for the transfer of suit for restitution of conjugal rights filed by Gul Muhammad respondent against Mst. Irshad Begum petitioner pending before Judge Family Court, Kot Addu to the Court of Malik Muhammad Bashir, Judge Family Court, Multan where the suit for dissolution of marriage filed by the petitioner against the respondent is already pending.

2. The learned counsel for the respondent has opposed this application on the ground that the respondent being an infirm person would feel great inconvenience if the case is transferred to Multan.

3. After hearing the learned counsel for the parties, I find that there is nothing on the record to show that the respondent is an infirm person. In such like cases, more care has to be taken of the convenience of female party. The application is, therefore, accepted and the suit for restitution of conjugal rights titled 'Ghulam Muhammad v. Mst. Irshad Begum pending before Judge Family Court, Kot Addu is transferred to the Court of Malik Muhammad Bashir, Judge Family Court, Multan.

H.B.T./672/L Suit transferred.

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