1989 PLP 249 (MLD)

Syed Wahid‑ur‑Rehman Gillani for Petitioner. Nemo for Respondent. Date of hearing: 11th January, 1989. Nobody has appeared for respondent though he was present in person on the last date of hearing therefore, he is proceeded against ex parte.

2. Through this application, the petitioner seeks transfer of a suit titled Liaquat Ali v. Robina Bibi at present pending in the Court of Syed Ikhlaq Ahmad, Judge Family Court, Lahore which has been filed by the respondent against the petitioner for restitution of conjugal rights. The petitioner has also filed a suit for dissolution of her marriage with respondent which is at present pending in the Court of Mr. Javed Rashid Mahboobi, Judge Family Court, Chunian. Apart from this a suit is also pending before the same learned Family Judge filed on behalf of Abida the daughter of the respondent seeking recovery of maintenance allowance. The suit filed by the respondent at Lahore is admittedly earlier in time.

3. Learned counsel for the petitioner argued that the petitioner is a female and it would be highly inconvenient for her to travel to Lahore to defend the suit filed by the respondent against her. He also argued that in order to avoid conflicting judgments, it is proper that the suit of the respondent be transferred to the learned Judge Family Court at Chunian. The application has been supported with an affidavit. There is no counter‑affidavit filed by the respondent. The respondent has not contested this application as he has not appeared today. There is 'nothing on the record that the respondent ever sought transfer of the suit pending in the Court of Judge Family Court, at Chunian to Lahore. The petitioner is a female. 1t will be certainly inconvenient for her to travel to Lahore to defend the suit of the respondent. Otherwise also, it is necessary to avoid conflicting judgments that all the suits are tried and disposed of by one and the same Court. Since the respondent has to appear before the Court at Chunian to defend the suits filed against him, it will not be burden on him to appear in the same Court if his own suit is transferred to that Court and tried with those suits.

4. This application is accepted. The suit titled Liaquat v. Robina Bibi for restitution of conjugal rights at present pending in the Court of Syed Ikhlaq Ahmad, Judge Family Court, Lahore is hereby withdrawn from his Court and transferred to the Court of Mr. Javed Rashid Mahboobi, Judge Family Court, Chunian for trial and disposal of the same with the suit filed by the petitioner against respondent for dissolution of marriage pending in his Court. The transfer application is disposed of. H.B.T./R‑118/L?????????????????????????????????????????????????????????????????????????????????? Suit transferred.