1989 P Cr (PLP)

Muhammad Azam v. Muhammad lqbal and another P L D 1984 SC 95 ref. Ch. Khan Muhammad Bajwa for Petitioner. S.M. Tayyib for Respondent. Sh. Munir Ahmed for the State. Date of hearing: 21st December, 1988. This order shall dispose of both the petitions; (1) Criminal Miscellaneous No. 1183‑M of 1988, filed by Malik Shahid Mehmood praying for the stay of the proceeding in a case registered against him by his father‑in‑law and (2) Transfer Application No. 453‑C of 1988 filed by Mst. Samina Yasmeen praying for transfer of the case bearing title `Malik Shahid Mehmood v. Samina Yasmeen pending in the Court of Judge Family Court at Lahore to the Court of Senior Civil Judge/Judge Family Court, Gujrat.

2. The dispute in this case is between husband and wife. It is stated that after the marriage and after having given birth to a daughter Mst. Samina Yasmeen filed a suit for jactitation of marriage in a Family Court at Gujrat. Malik Shahid Mehmood, the husband of Mst. Samina Yasmeen filed the suit for restitution of conjugal rights in a Family Court at Lahore.

3. In the meanwhile, the father of Mst. Samina Yasmeen, got a case registered against Malik Shahid Mehmood, his son‑in‑law under the provision of section 11, of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). The criminal case is pending adjudication in the Court of Additional Sessions Judge, Gujrat. Criminal Miscellaneous No. 1183‑M of 1988 has been moved by Malik Shahid Mehmood, husband of Mst. Samina Yasmeen, praying that the criminal proceedings be stayed till the decision of the suits for restitution of conjugal rights and jactitation of marriage. In support of his plea, the learned counsel for the petitioner Mr. Khan Muhammad Bajwa, Advocate, has placed reliance upon Muhammad Azam v. Muhammad lqbal and another P L D 1984 SC 95.

4. I have heard both the parties at length and it will not be appropriate for me to comment upon the fate of the criminal case. However, I would direct that the proceedings in criminal case shall be completed but no final order shall be announced till the decision of the suits for restitution of conjugal rights and the jactitation of marriage.

5. Adverting to the Transfer Application No. 453‑C of 1988 seeking transfer of the case filed by Malik Shahid Mehmood for restitution of conjugal rights a Lahore, I am inclined to transfer the aforesaid case to the Court of the Family Judge at Gujrat where the suit for jactitation of marriage is pending because under the Family Court Act, it is the residence of the woman which determine; the jurisdiction. Accordingly I direct that the suit of restitution of conjugal right; instituted by Malik Shahid Mehmood, before the Judge Family Court at Lahore shall be transferred to the Court of Senior Civil Judge/Judge, Family Court a Gujrat.

6. The learned Judge, Family. Court at Gujrat is directed to proceed with the trial of this case expeditiously so that the same is completed by 15th of April 1989. A progress report about the conclusion of the trial shall be submitted to the Court. The criminal case shall by decided after the decision in the suits o restitution of conjugal rights and jacitation of marriage. H.B.T./S‑382/L??????????????????????????????????????????????????????????????????????????????????? Order accordingly