1990 PLP 2089 (MLD)

Mst. Rehana Masud is wife of the respondent, Farrukh Saeed Siddiqui. They have three children. Differences have, however, arisen between the parties which have resulted in litigation between them. The respondent has made an application, under section 25 of the Guardian and Wards Act, 1925 against the petitioner, for custody of the minor children who are living with the petitioner. That application is pending before Ch. Habib‑ur‑Rehman, Guardian Judge, Rawalpindi. On the other hand, the petitioner has filed three suits `namely' a suit for dissolution of marriage, a suit for recovery of dower and a suit for recovery of maintenance for herself and for her children, which are being heard by the Senior Civil Judge and Family Court, Lahore. Before making the said applications the respondent brought a suit for restitution of conjugal rights against the petitioner, at Rawalpindi, which was transferred by this Court from Rawalpindi to the said Family Court of Lahore, vide judgment, dated the 30th May, 1989, delivered in Transfer Application No.213‑C of 1989. Now, the petitioner has prayed that the respondent's said application may also be transferred to the Court of Guardian Judge, Lahore.

2. In view of the nature of the suit for maintenance and the application for custody of the minor children, common questions of law and fact are likely to arise therein. Conflicting findings on such questions can be avoided if both the cases are heard and decided by one and the same Court. Further, if the two cases are allowed to be heard by the Courts now seized of them, the petitioner will have to go to Rawalpindi to defend the application filed by the respondent and the latter will have to visit Lahore to resist the suits instituted by the former. It is, therefore, my desire that one of the parties should be saved of the bother and expense to which she/he would be put for going to a place other than the place of her/his residence to contest the case(s) against her/him. Which of the two parties should be helped in this regard is the question which now falls for consideration. Since the petitioner is a female but the respondent is a male and she also apprehends trouble at the hands of the respondent in the event of her going to Rawalpindi to resist the application made against her, I feel that she deserves to be accommodated in preference to the respondent.

3. The main objection by learned counsel for the respondent to the transfer of the respondent's case from Rawalpindi to Lahore is that the petitioner is no longer living in Pakistan. According to him she is presently residing in Libya. Learned counsel for the petitioner is not aware of her having gone to Libya but submits that even if she is away to Libya this is no ground for not acceding to her request for transfer of the respondent's case. The argument proceeds that if she is away she will appear in the cases whenever necessary. As indicated above, four cases between the parties are being heard at Lahore. If they are being tried in the absence of the petitioner from the country, her absence can hardly constitute a valid ground for not transferring the respondent's application from Rawalpindi to Lahore. In this view of the matter, plea raised by learned counsel for the respondent has no merit.

4. For the reasons given above, I accept this petition and transfer the respondent's application from the Court of Ch. Habib‑ur‑Rehman, Guardian Judge, Rawalpindi to the Court of Sh. Ahmad Farooq, Guardian Judge, Lahore.

5. It will also be conducive to the convenience of the parties if all the other cases which are pending at Lahore, including the suit for restitution of conjugal rights already transferred by me from Rawalpindi to Lahore, are also heard by Sh. Ahmad Farooq. The said other cases between the parties which are now with the Senior Civil Judge (Judge Family Court), Lahore, are, therefore, also transferred by me, suo mont to Sh. Ahmad Farooq. The eases so transferred to him suo mote will be heard by him as Judge of the Family Court. There shall be no order as to costs. A.A./R-242/L Case transferred