1982 PLP 1278 (CLC)

Date of hearing: 5th May, 1982. The petition under section 25‑A of the West Pakistan Family Courts Act, 1964, seeks the transfer of the suit titled "Muhammad Saleem v. Nasreen Akhtar" pending before Mr. Ahmad Farooq, Judge Family Court, Sheikhupura, to the Court of Judge Family Court, Faisalabad, before whom the petitioner's suit for dissolution of marriage is pending.

2. The. facts necessary for the purposes of this petition, briefly stated, are that the petitioner instituted a suit for dissolution of her marriage against the respondent before Mr. Muhammad Yousuf, Judge Family Court, Faisalabad, sometimes in April, 1981. It is asserted that the respondent as a counterblast has instituted the suit for restitution of conjugal rights in the Court of Mr. Ahmad Farooq, Judge Family Court, Sheikbupura. It is this latter suit which is sought to be transferred.

3. The learned counsel for the petitioner contended :‑ "Firstly, that the suit of the petitioner is earlier in time than the suit of the respondent ; secondly, that the respondent has, in any case, to appear at Faisalabad to defend the suit filed against him by the petitioner and as such there will be no inconvenience caused to him if his suit is transferred to the same Court ; thirdly, that in both the suits there are likely to arise the same questions of law and facts and as such it would be in the interest of justice that both the suits are tried by one and the same Court to avoid conflict of judgments ; and lastly, that the petitioner is a woman having no source of income and as such it will be difficult for her to come all the way to Sheikhupura to contest the suit there.

4. No one has appeared to contest this petition. 5. 'Having given consideration to the controversy involved, I find that the contentions raised on behalf of the petitioner have force. It is well‑settle that suits between the same parties under the Family Courts Act should be tried by one and the same; Court to avoid conflict of judgments. It has also been held that the plaint where the wife files a suit for dissolution of marriage is the more appropriate place where such suits should be tried. There is no impediment otherwise also in the trial of the suit of the respondent at Faisalabad as the marriage of the parties was performed there,

6. In view of the foregoing discussion, accepting this petition, I direct that the suit for restitution of conjugal rights titled "Muhammad Saleem v. Nasreen Akhtar" pending in the Court of Mr. Ahmad Farooq, Judge Family Court, Sheikhupura, be transferred to the Court of Mr. Muhammad Yousuf, Judge Family Court, Faisalabad, before whom the petitioner's suit against the respondent for dissolution of marriage is already pending. There shall, however, be no order as to costs.

7. The learned transferee Court may consider the desirability of consolidation/trial together of the two suits. It shall, however, give the same dates of hearing in both the suits to avoid inconvenience to the respondent. S. A, H, Petition accepted,