1987 PLP 1129 (CLC)
Mst. AKBARI alias AKKO‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑Respondents
| Citation | 1987 PLP 1129 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | Mst. AKBARI alias AKKO‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1129 (CLC)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1129 (CLC)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1129 (CLC) (Mst. AKBARI alias AKKO‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Insaaf Bhatti for Petitioner.
- Muhammad Akhtar Khan for Respondent.
- Date of hearing: 3rd February, 1987.
Headnotes / Summary
‑‑‑S.25‑A‑‑Transfer of suit‑‑Relations between parties being strained, petitioner wife who had filed suit for dissolution of marriage against respondent husband prior in time at place 'M' apprehended danger at hands of respondent husband on her going to defend suit for restitution of conjugal rights subsequently filed by husband against her at place 'A'‑‑In order to ensure ‑safety to petitioner's life and also to avoid conflict in judgments in two connected cases, respondent husband's suit for restitution of conjugal rights subsequently filed against wife at place 'A' was transferred to place 'M' where wife's suit for dissolution of marriage was pending against husband.
Judgment & Decree
‑‑‑S.25‑A‑‑Transfer of suit‑‑Relations between parties being strained, petitioner wife who had filed suit for dissolution of marriage against respondent husband prior in time at place 'M' apprehended danger at hands of respondent husband on her going to defend suit for restitution of conjugal rights subsequently filed by husband against her at place 'A'‑‑In order to ensure ‑safety to petitioner's life and also to avoid conflict in judgments in two connected cases, respondent husband's suit for restitution of conjugal rights subsequently filed against wife at place 'A' was transferred to place 'M' where wife's suit for dissolution of marriage was pending against husband. Insaaf Bhatti for Petitioner. Muhammad Akhtar Khan for Respondent. Date of hearing: 3rd February, 1987. Mst. Akbari alias Akko has filed suit in the Court of Family Judge, Multah, on 25‑11‑1985 against Muhammad Akhtar, respondent, for dissolution of marriage. Subsequently, on 5‑1‑1986 the respondent/ husband filed a suit against the petitioner/wife for restitution of conjugal rights in the Family Court at Alipur. Through the instant petition, the petitioner/wife has sought transfer of the suit filed by the respondent husband from the Court of Family Judge, Alipur, to the Family Court at Multan as she apprehends danger to her life if she would go to Alipur to defend the above‑mentioned suit. The national identity cards of parents of the petitioner have been shown to me which indicate that they live at Multan since 1974. It, therefore, appears that the petitioner is presently living with her parents at Multan.
2. The petitioner is a woman and she apprehends danger at the hands of the respondent who has filed a suit against her at Alipur. The relations between the parties are strained. In the circumstances, I think that in order to ensure safety to the petitioner's life and also to avoid conflict in judgments in the two connected cases, the transfer of suit titled Muhammad Akhtar v. Mst. Akbari alias Akko, pending in the Court of Mr. Mushtaq Ahmad, Judge, Family Court, Alipur, is essential. Resultantly, this case is withdrawn from the Court of Family Judge, Alipur, and entrusted to Ch. Saeed Ahmad, Judge, Family Court, Multan, for disposal in accordance with law. There shall, however, be no order as to costs. H.B.T./A‑16/L Suit transferred