1987 PLP 939 (CLC)

‑‑‑S. 25‑A‑‑Transfer application‑‑Petitioner wife instituting suit for dissolution of marriage in Family Court at S and respondent husband instituting suit for restitution of conjugal rights in Family Court at M‑‑Common questions of law and fact likely to arise in both suits‑ Conflicting findings could be avoided if both suits heard and decided by one and same Court‑‑Parties could also be saved of botheration and expenses‑‑Petitioner, a female, apprehending trouble at hands of respondent husband in event of her going to M to defend suit brought against her‑‑Petitioner, held, deserved to be accommodated in preference to respondent‑‑Suit of respondent husband transferred from Family Court M to Family Court S in circumstances. Ch. Masood Zakariya for Petitioner. Nemo for Respondent. Date of hearing: 25th November, 1986. Mst. Azra Bibi is wife of the respondent, Nisar Ahmad. She has made this petition for transfer of a suit for restitution of conjugal rights brought against her by the respondent. That suit is pending in the Court of Senior Civil Judge, Multan, with powers of Judge, Family Court. On the other hand, the petitioner has filed a suit for dissolution of marriage, against the respondent, which is being heard by the Senior Civil Judge, Sheikhupura with powers of Judge, Family Court. The petitioner has prayed that the respondent's suit may be transferred to the said Court at Sheikhupura.

2. In view of the nature of the two suits, common questions of law; and fact are likely to arise therein. Conflicting findings on such questions can be avoided if both the suits are heard and decided by one and the same Court. Further, if the two suits are allowed to be heard by the Courts now seized of them, the petitioner will have to go to Multan to defend the suit brought by the respondent and the latter will have to: visit Sheikhupura to resist the suit instituted by the former. It is, therefore, my desire that one of the parties should be saved of the brother and expense to which she/he would be put for going to a place other than the place of her/his residence to contest the suit against her/him. Which of the two parties should be helped in this regard is the question which now falls for consideration. Since the petitioner is a female but the respondent is a male, and she also apprehends trouble at the hands of the respondent in the event of her going to Multan to defend the suit brought against her, I feel that she deserves to be accommodated in preference to the respondent. Accordingly, I accept this petition and transfer the respondent's suit from the Court of said Family Judge of Multan to the Court of they above Family Judge of Sheikhupura which is trying the petitioner's suit for dissolution of marriage. There shall be no order as to costs. M. Y. H./757/L Petition accepted.