MLD 2002

2002 PLP 1428 (MLD)

Mst. SHAZIA PARVEEN‑‑‑Petitioner Versus MUHAMMAD ASHRAF‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Transfer Application No.373‑C of 2001, decided on 20th November, 2001.
Honorable Judges
Falak Sher, CJ
Case Reference Summary (AEO Optimized)
Citation 2002 PLP 1428 (MLD)
Forum / Court Lahore
Bench Members Falak Sher, CJ
Parties Mst. SHAZIA PARVEEN‑‑‑Petitioner Versus MUHAMMAD ASHRAF‑‑‑Respondent
Primary Law West Pakistan Family Courts Act (XXXV of 1962)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2002 PLP 1428 (MLD)?

This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1962)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2002 PLP 1428 (MLD)?

The case was heard and decided by the Lahore bench comprising: Falak Sher, CJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2002 PLP 1428 (MLD) (Mst. SHAZIA PARVEEN‑‑‑Petitioner Versus MUHAMMAD ASHRAF‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

West Pakistan Family Courts Act (XXXV of 1962)‑‑‑

Representation

  • Umar Hayat Tahir for Petitioner.
  • Nemo for Respondent.
  • Date of hearing: 20th November, 2001.

Headnotes / Summary

‑‑‑‑S.25‑A‑‑‑Transfer of case‑‑‑Wife filed suit for dissolution of marriage against her husband in Court at place 'L' whereas husband filed suit for restitution of conjugal rights in Court at place 'F'‑‑‑Wife sought transfer of case filed against her in Court 'F' to Court at place `L' where her suit was pending adjudication urging female convenience and to avoid contradictory judgment‑‑‑Contentions urged by wife were well based duly borne out from the appendices and also remained un controverted‑‑‑‑Suit was transferred from Court at place 'F' to Court at place 'L' for adjudication.

Judgment & Decree

Mst. Shazia Parveen petitioner's matrimony solemnized with Muhammad Ashraf respondent on 9‑6‑2001 deferring Rukhasti which didn't mature on account of estrangement, conversely she filed a suit for dissolution of marriage (No.1479‑FC of 3‑9‑2001) titled "Mst. Shazia A Parveen v. Muhammad Ashraf" pending adjudication before Ms. Samina Hayat, Judge Family Court, Lahore to which the respondent responded with a suit for restitution of conjugal rights (No. 1326‑FC) of even date styled as 'Muhammad Ashraf v. Shazia Parveen" before Ms. Afghan Ijaz Sooty Judge Family Court, Faisalabad for seeking transfer whereof to Lahore has re‑coursed to the present petition, urging feminine convenience and to avoid contradictory judgments.

2. Wherein despite repeated service effected through multitudinal processes viz. under registered cover A/D in addition to telegraphic communication and ordinary process the respondent has opted not to join the proceedings thus is proceeded against ex parte. Consequently persuaded by the contentions urged being well based duly borne out from the appendices and having remained un controverted granting the petition the respondent's aforementioned suit is transferred from Faisalabad to Lahore for its adjudication by the Court seized of the petitioner's suit referred to supra. H.B.T./S‑423/L Case transferred.