1989 PLP 949 (MLD)

Nemo for Respondents. This application, under section 25‑A of the Punjab Family Courts Act, 1964, has been filed by Mst. Khudeja‑Tul‑Kubra for transfer of a suit for restitution of conjugal rihgts filed by the respondent Abid Butt, now pending before Mr. Abid Hussain Qureshi, Family Judge, Kharian.

2. Parties were married quite sometime before but have developed strained relations. They are now arrayed against each other in litigation. She has sued out the respondent for recovery of maintenance. Her suit is stated to be now being dealt with by Mr. Khalid Mahmood, Family Judge, Lahore.

3. Processes twice issued herein, for service of the respondent at the same address which is given in his plaint dated 14th March, 1988, have been received back with the report that he is living abroad. Any other address for his service is not known. It is not acceptable that if he could at all be serious then he may have abandoned the litigation to his mere pleasure without even leaving his latest address on the record. The report does not appear to be correct. Not long after the institution of his suit, proceedings in the trial Court were stayed by the order dated 13th August, 1988. He cannot be unaware of the pendency of this application. It is not possible to sit in wait for him. It can be that he may not be serious about this proceeding and is only adopting dilatory tactics. If at all he could be serious in opposing the plea made herein then he would have taken timely steps for safe‑guarding his interest, if any, in the dispute but he has not done so. It appears that he is not minded to contest the prayer for transfer. In the circumstances, this application has been heard ex parte against him.

4. Applicant prays for the suit of the respondent being transferred from Kharian to Lahore on the ground that it will not be convenient for her to attend to the litigation at two different stations. She has also expressed the apprehension of having to suffer physical harm in going there to defend the suit. Since common questions of law and fact are likely to arise in the respective suits of the parties, therefore, for avoiding the possibility of conflicqqt in their decisions, they deserve to be tried in one Court. Convenience of a lady‑litigant being the only determining factor in such cases, it is obvious that the suits of the parties should A be determined by the Court at Lahore. Suit of the respondent is, therefore, withdrawn from the Court concerned and is entrusted to Mr. Khalid Mahmood, Family Judge, Lahore with whom her suit is already pending, so that the same may also be tried by him, if not consolidated with her suit, at least on the same dates and both the suits are decided simultaneously.

5. Learned Judge at Kharian will forthwith remit the file of the relevant suit directly to learned transferee Judge at Lahore who will fix both the suits for a date convenient to himself and will proceed to try them, as directed above.

6. This application is accordingly allowed. No order as to costs. A.A./‑K‑138/LTransfer application allowed.