1999 PLP 1863 (CLC)
[Lehorej Versus SAMI Ullah — Respondent
| Citation | 1999 PLP 1863 (CLC) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | [Lehorej Versus SAMI Ullah — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1863 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1863 (CLC)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1863 (CLC) ([Lehorej Versus SAMI Ullah — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Hakeem Awan for Respondent,
Headnotes / Summary
S, 25-A
Transfer application -TerritoriaI jurisdiction
Matters enumerated in Schedule to West Pakistan Family Courts Act, 1944-Residence of female, determines territorial jurisdiction of a Court to adjudicate upon such matters mentioned in Schedule
Suit of male for restitution of conjugal rights was, thus, transferred to the Court where suit of female for dissolution of marriage was pending:
Judgment & Decree
S, 25-A
Transfer application -TerritoriaI jurisdiction
Matters enumerated in Schedule to West Pakistan Family Courts Act, 1944-Residence of female, determines territorial jurisdiction of a Court to adjudicate upon such matters mentioned in Schedule
Suit of male for restitution of conjugal rights was, thus, transferred to the Court where suit of female for dissolution of marriage was pending: Minn Muhammad Ashraf Tanvir for Applicant. Abdul Hakeem Awan for Respondent, Petitioner and respondent were married to each other but subsequently, they fell apart. Petitioner filed a suit for the dissolution of her marriage which is pending in a Family Court at Gujrat. As a counterblast, respondent also filed a suit for the restitution of conjugal rights which is pending in a Family Court at Gujranwala.
2. This petition under section 25‑A of the West Pakistan Family Courts Act has been filed seeking transfer of the suit for the restitution of conjugal rights filed by respondent from the Court of Mr. Sultan Ahmad, learned Judge Family Court, Gujranwala on the ground of inconvenience as also to avoid conflicting judgments on identical questions of facts 3. 1 have heard the learned counsel for both the parties and perused the record. In law, it is the residence of the woman which determines the territorial jurisdiction of a Family Court to adjudicate upon the subjects, mentioned in the schedule to the Family Courts Act. Obviously the subject‑matter of this case falls within the aforesaid schedule to the Family Conrts Act. Accordingly, I direct that the suit of the respondent for the restitution of conjugal rights pending in a Family Court at Gujranwala shall now stand transferred to the Court of Mirza Rafi‑uz‑Zaman, learned Judge, Family Court, Gujrat where suit of the petitioner is already pending. It is directed that both the suits mentioned above shall be consolidated and tried together in accordance with law as expeditiously as possible. Q.M.H./M.A.K./S‑261/L Petition allowed.