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Transfer Applications Nos. 652-A and 653-C of 1986, decided on April, 1987.

---S.25-A--Transfer of family suit--Wife's suit for dissolution of marriage pending in Court at 'A'--Husband's two suits against wife viz. one for restitution of conjugal rights and other for recovery of ornaments pending in Court at "LH"--Wife's applications for transfer of cases against her to place 'A' where her own suit for dissolution of marriage was pending--Petitioner wife having first filed suit for dissolution of marriage at 'A', being resident of that place, and since preference to be given to the convenience of lady litigant in transfer of suits, transfer applications filed by her, held, deserved to be allowed--Cases pending against wife were ordered to be transferred at place 'A' where wife's suit for dissolution of marriage was already pending.

---S.25-A--Lahore High Court (Establishment of Benches) Rules, 1981, Rr.5, 6 & 11--Notification No. 127, dated 10-4-1982--Transfer of cases pending in subordinate Courts falling within territorial jurisdiction of various High Court Benches--Applications seeking transfer of proceedings from subordinate Courts in area assigned to another Bench or to the Principal Seat, held, would be disposed of at the Principal Seat.

Sh. Najamul Hassan for the Petitioner.

Sardar Ataullah for Respondent.

Date of hearing: 11th April, 1987.

This order shall dispose of two transfer applications between the same parties, viz. T.A. 652-C-86 and 653-C-86. The petitioner, Mst. Babra Shamim, in both the transfer applications is the wife of Nasarullah the respondent in both the cases. Through application T.A. 653-C-86, the petitioner has sought the transfer of suit for restitution of conjugal rights filed against her by the respondent which is currently pending in the Court of Mr. Muhammad Aslam Bhatti Civil Judge, First Class, exercising the powers of Judge, Family Court, Leiah, from the said learned Court to that of Mian Khadim Hussain, Judge, Family Court, Attock in which Court the petitioner's suit for dissolution of marriage is already pending. Through application T.A. 653-C-86, the petitioner has sought the transfer of suit for recovery of ornaments filed by the respondent against the petitioner pending in the Court of Mr. Muhammad Aslam Bhatti, Civi l Judge, First Class, Leiah, to that of Mian Khadim Hussain, Senior Civil Judge, Attock. It has been alleged in both the under consideration transfer applications that 'Nikah' of the parties was solemnized at Attock, a permanent place of residence of petitioner's parents. On account of indifferent treatment by the respondent, the petitioner filed suit for dissolution of marriage at Attock but subsequently the respondent filed the aforementioned two suits i.e. one for restitution of conjugal rights and the other for recovery of ornaments at Leiah. The petitioner apprehends danger at the hand of the respondent and his associates. Otherwise also, it would be highly inconvenient for the petitioner if she was obliged to travel from Attock to Leiah on every date of hearing to defend the litigation brought against her by the respondent.

2. It has been admitted on behalf of the respondent that suit for dissolution of marriage by the petitioner against the respondent was instituted first and the suits which are sought to be transferred through the under consideration transfer applications were instituted later. It has, however, been urged that, in fact, the petitioner herself is prepared to live with her - husband but her father got instituted this suit for dissolution of marriage and also managed the institution of the present transfer applications. If this be the case then the petitioner can be summoned by the learned trial Court to ascertain the correct state of affairs from her. The contention raised on behalf of the respondent has little relevancy so far as the under consideration transfer applications are concerned. Since the petitioner first filed the suit for dissolution of marriage at Attock, and she is the resident of that place and as the preference has to be given to the convenience of the lady litigant, the under consideration transfer applications deserve to be allowed. An objection has also been raised on behalf of the respondent that Attock the place of residence of the petitioner is located within the territorial jurisdiction of Rawalpindi Bench while Leiah where the suits sought to be transferred are pending is located within the local limits of the jurisdiction of Multan Bench, therefore, the transfer applications filed at the Principal Seat are not competent. This objection is without any substance. The learned Chief Justice of the Lahore High Court in exercise of his powers under Rules 5, 6 and 11 of the Lahore High Court (Establishment of Benches) Rules, 1981, has directed vide notification No. 127 dated 10-4-1982, that applications seeking transfer of proceedings from a subordinate Court in the area assigned to a Bench to another subordinate Court in the area assigned to another Bench or to the Principal Seat shall be disposed of at the Principal Seat at Lahore. The under consideration transfer applications have, therefore, rightly been instituted at the Principal Seat.

3. In the light of what has been said above the suit for restitution of conjugal rights filed by Nasrullah respondent against Mst. Babra Shamim currently pending before Mr. Muhammad Aslam Bhatti Judge, Family Court, Leiah, is hereby transferred to the Court of Mian Khadim Hussain Judge, Family Court, Attock. Similarly, the suit for recovery of ornaments filed by Nasrullah respondent against Mst. Babra Shamim petitioner presently pending in the Court of Mr. Muhammad Aslam Bhatti, Civil Judge, First Class, Leiah, is hereby transferred to the Court of Mian Khadim Hussain, Senior Civil Judge, Attock. There shall be no order as to costs in both the cases.

A.A./B-22/L Transfer applications allowed

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