1982 PLP 849 (CLC)

This transfer application seeks the transfer of the case titled "Abdul Ghafoor v. Mst. Sharifan Bibi" for restitution of conjugal rights pending in the Court of Judge Family Court, Sheikhupura to the Court of Judge Family Court, Faisalabad where the petitioner's suit against the respondent for dissolution of marriage is pending.

2. The learned counsel for the petitioner submits that the petitioner has filed two suits against the respondent, one for dissolution or marriage and the other for maintenance, which are pending adjudication before the learned Judge, Family Court, Faisalabad and that‑the respondent has filed the suit for restitution of conjugal rights at Sheikhupura only to harass the petitioner.

3. The (learned counsel further contends that the petitioner is a lady and it will be inconvenient for her to attend the Court at Sheikhupura and otherwise also she does not have sound financial position to incur the expenses of defence of the suit at a distance of about 70 miles from the place of her residence.

4. The respondent submits that, in fact, it is the petitioner who is harassing the respondent and that the purpose for having the suit of the respondent transferred to Faisalabad is to cause physical harm to the respondent. He has placed on record a certified copy of the judgment of the learned Additional District Judge, Sheikhupura, dated 30‑9‑1980 whereby he dismissed the appeal of the petitioner against a decree of the Judge, Family Court, Sheikhupura, whereby the petitioner's suit for dissolu tion of marriage against the respondent was dismissed, to show that the present suit of the petitioner filed at Faisalabad for dissolution of marriage is only intended to cause harassment to the respondent.

5. I asked the learned counsel for the petitioner to show me a copy of the plaint of the suit which the petitioner has now filed at Faisalabad seeking dissolution of her marriage with the respondent. He has placed on record a certified copy thereof.

6. A perusal of this plaint shows that the pleas now raised in this suit appear to be the same as were taken in the earlier suit filed by the petitioner herself at Sheikhupura and which was dismissed.

7. I would not like to comment upon this aspect of the matter as the matter is snub judice before a subordinate Court but would dismiss this application for transfer of the case as the same, on the face of it, appears to be mala fide and intended to cause harassment to the respondent. The petitioner herself had chosen Sheikhupura for filing the earlier suit fort dissolution of her marriage and the respondent in, view of this position though he lives at Sargodha also filed the suit at Sheikhupura for restitution of conjugal rights. There appears no plausible explanation and none has been offered either as to why the fresh suit for dissolution of marriage has now been filed by the petitioner at Faisalabad.

8. In view of the foregoing discussion, I find no merit in this application which is accordingly dismissed with costs. M. Y. M. Petition dismissed.