1987 PLP 1221 (CLC)

‑‑‑S. 25‑A‑‑Transfer of suit‑‑Wife's suits for dissolution of marriage, recovery of dower and recovery of dowery were pending against respondent husband at place '0'‑‑Husband's suit for restitution of conjugal rights against wife was pending at place 'L'‑‑Wife claiming to be Pardanashin lady apprehended troubles at hands of respondent husband in the event of her going to place 'L' to defend suit brought against her‑‑Common questions of law and fact involved in suits of parties‑‑To avoid conflicting findings on such questions and to save female from troubles apprehended by her, it was, held, desirable that suits of parties be heard and decided together by one and same Court‑ Female deserving to be accommodated in preference to male‑‑Respondent's suits for restitution of conjugal rights pending at place 'L' was transferred to place '0' where wife's suits were pending against respondent husband. Muhammad Iqbal Chaudhri Vehnival for Petitioner. Ch. Aftab Rasool Mahar for Respondent. Date of hearing: 15th December, 1986. Mst. Sughran Bibi is wife of the respondent, Muhammad Aslam. She has made this petition for transfer of a suit for restitution of conjugal rights brought against her by the respondent. That suit is pending before Mr. Hameed Jilani, Judge Family Court, Lahore. On the other hand, the petitioner has filed three suits one for recovery of dower, the other for recovery of dowery and the third for dissolution of `marriage. Her suits are being heard by Mr. Saghir Ahmad, Civil Judge/Family Court, Okara. The petitioner has prayed that the respondent's suit may be transferred to Okara.

2. In view of the nature of the above suits, common questions of law and fact are likely to arise therein. Conflicting findings on such questions can be avoided if all the suits are heard and decided by one and the same Court. Further, if the said suits are allowed to be heard by the Courts now seized of them, the petitioner will have to go to Lahore to defend the suit brought by the respondent and the latter will have to visit Okara 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 suit(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 the petitioner claims to be a Pardanashin lady and also apprehends trouble at the hands of the respondent in the event of her going to Lahore to defend the suit brought against her, I feel that she deserves to be accommodated in preference to the respondent. Accordingly, I accept this petition and transfer the respondent's suit from the Court of Mian Hameed Jilani, A Family Judge, Lahore, to the Court of Family Judge, Okara, which is trying the petitioner's suits for recovery of dower and for dissolution of marriage. There shall be no order as to costs. H. B. T./S‑12/L Suit transferred.