1979L18 (PLP)
MUKHTARAN-Petitioner Versus MUHAMMAD ALAMGIR-Respondent T. A. No. 69/C of 1977, decided 8th June 1978.
| Citation | 1979L18 (PLP) |
| Forum / Court | -- S. 24--Transfer of civil cases--Plaintiff ordinarily has right to choose his forum and Courts reluctant to interfere with such right yet case could be transferred from one Court to another on ground of convenience-Preponderance of convenience appearing to be in favour of petitioner, a pardanashin lady, having to look after her four minor children, suit against her filed by her former husband transferred to Court nearest to her domicile.-Transfer of civil case. |
| Bench Members | Muhammad Rafiq Tarar, J |
| Parties | MUKHTARAN-Petitioner Versus MUHAMMAD ALAMGIR-Respondent T. A. No. 69/C of 1977, decided 8th June 1978. |
| Primary Law | Civil Procedure Code (V of 1908). |
Q1: What are the key laws and sections cited in 1979L18 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908). as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1979L18 (PLP)?
The case was heard and decided by the -- S. 24--Transfer of civil cases--Plaintiff ordinarily has right to choose his forum and Courts reluctant to interfere with such right yet case could be transferred from one Court to another on ground of convenience-Preponderance of convenience appearing to be in favour of petitioner, a pardanashin lady, having to look after her four minor children, suit against her filed by her former husband transferred to Court nearest to her domicile.-Transfer of civil case. bench comprising: Muhammad Rafiq Tarar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979L18 (PLP) (MUKHTARAN-Petitioner Versus MUHAMMAD ALAMGIR-Respondent T. A. No. 69/C of 1977, decided 8th June 1978.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Younis Bhatti for Petitioner.
Headnotes / Summary
S. 24--Transfer of civil cases--Plaintiff ordinarily has right to choose his forum and Courts reluctant to interfere with such right yet case could be transferred from one Court to another on ground of convenience-Preponderance of convenience appearing to be in favour of petitioner, a pardanashin lady, having to look after her four minor children, suit against her filed by her former husband transferred to Court nearest to her domicile.-[Transfer of civil case].
Judgment & Decree
This petition under section 24, C. P. C. has been moved by Mst. Mukhtaran for transfer of the suit for permanent injunction filed against her by the respondent in the civil Court at Vehari. In the petition it is alleged that the petitioner was married to the respondent and out of the wedlock four children were born. On 7-4-1969 the respondent divorced her. The custody of the minors was given to her by the Guardian Judge, Sahiwal. She filed a suit for the maintenance of the children which was decreed by the Judge, Family Court, Sahiwal, but the respondent has not paid a penny so far although the decree was passed about seven years back. The grounds urged for transfer of the suit are that the petitioner is a pardanashin lady and is residing alongwith her children in village Bashirpur, Tehsil Dipalpur District Sahiwal, and the civil Court at Vehari has no jurisdiction to try the suit. It is further submitted that the suit has been filed in the civil Court, Vehari, to cause inconvenience and hardship to the petitioner as it takes at least six to seven hours to reach Vehari from Basirpur.
2. The respondent did not appear in spite of service and has been proceeded against ex parte. I have heard the learned counsel for the petitioner. Ordinarily a plaintiff has the right to choose his forum and the, Court should be reluctant to interfere with this right, but in the instantl case the preponderance of convenience seems to be in favour of the petitioner) because she is a pardanashin lady and has to look after her four minor children. She would be put to great inconvenience and hardship if the suit is tried at Vehari.
3. I, therefore, allow this petition and withdraw the suit, titled "Mahammad Alamgir v. Mst. Mukhtaran", from the Court of Senior Civil Judge, Vehari, and transfer the same for disposal to the Court of Civil Judge, Dipalpur, District Sahiwal. There shall be no order as costs. s. A. H. Petition allowed.