1987 PLP 130 (MLD)
KISHWAR SULTANA-Petitioner Versus ABDUR RAZZAQ — Respondent
| Citation | 1987 PLP 130 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Lehrasap Khan, J |
| Parties | KISHWAR SULTANA-Petitioner Versus ABDUR RAZZAQ — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 1987 PLP 130 (MLD)?
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 130 (MLD)?
The case was heard and decided by the Lahore bench comprising: Lehrasap Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 130 (MLD) (KISHWAR SULTANA-Petitioner Versus ABDUR RAZZAQ — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Afzal Qureshi for Petitioner.
- Muhammad Abdullah Jafar Bhatti for Respondent.
- Date of hearing: 19th January, 1987.
Headnotes / Summary
S.25-A--Transfer of suit--Requirements--Petitioner being female, preference, held, has to be given to her convenience--Husband's suit for restitution of conjugal rights pending against wife at place 'B' was transferred to place 'N' where wife's suit for dissolution of marriage against respondent was pending.
Judgment & Decree
Through the present transfer application, the petitioner Mst. Kishwar Sultana seeks the transfer of the suit for restitution of conjugal rights filed by the respondent against her on 18-1-1986 in the Court of Mr. Nusratullah Khan, Judge Family Court, Bahawalpur to the Court of Judge Family Court Nankana Sahib, District Sheikhupura, where her suit for dissolution of marriage filed against the respondent is already pending.
12. It has been maintained on behalf of the petitioner that the parties' marriage was solemnized at Nankana Sahib and that the parents of the petitioner belonged to that place. The petitioner filed a Suit claiming maintenance against the respondent in the Court of Judge Family Court, Nankana Sahib on 4-11-1985. The said suit was decreed on 17-3-1986. During the pendency of that suit the respondent filed suit for restitution of conjugal rights against the petitioner at Bahawalpur as a counterblast. In the meantime, the petitioner filed suit for dissolution of marriage against the respondent at Nankana Sahib on 5-3-1986, which is still pending.
3. It has not been denied that the petitioner presently resides at Nankana Sahib and that permanent place of residence of her parents is at Nankana Sahib. The petitioner being a female litigant, preference has to be given to her convenience. It would certainly be inconvenient for the petitioner to go to Bahawalpur to defend the suit filed against her by the respondent for restitution of conjugal rights, particularly when she has already filed a suit for dissolution of marriage against the respondent at Nankana Sahib. The Family Court at Nankana Sahib is positively possessed of the jurisdiction to hear the suit for dissolution of marriage filed by the petitioner against the respondent in view of the residence of the petitioner and her parents at Nankana Sahib.
4. In the above circumstances, the under consideration transfer application is allowed and the suit filed by the respondent against the petitioner for restitution of conjugal rights which is pending in the Court of Mr. Nusratullah Khan, Judge Family Court, Bahawaplur is hereby transferred from the said learned Court to that of Syed Mehbood Qadir Shah, Judge Family Court, Nankana Sahib, to be heard alongwith the suit for dissolution of marriage filed by the petitioner against the respondent. There shall be no order as to costs. H.B.T/K-10/L Transfer application allowed.