1987 PLP 1158 (CLC)
Mst. NUSRAT BEVI‑‑Petitioner Versus YAR MUHAMMAD‑‑Respondent
| Citation | 1987 PLP 1158 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Mahboob Ahmad, J |
| Parties | Mst. NUSRAT BEVI‑‑Petitioner Versus YAR MUHAMMAD‑‑Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1158 (CLC)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1158 (CLC)?
The case was heard and decided by the Lahore bench comprising: Mahboob Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1158 (CLC) (Mst. NUSRAT BEVI‑‑Petitioner Versus YAR MUHAMMAD‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Fazal Haq for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd November, 1986.
Headnotes / Summary
‑‑‑S. 25‑A‑‑Transfer of suit‑‑Petitioner wife instituted suit for dissolution of marriage against respondent husband prior in time at place 'M', while respondent husband subsequently filed suit for restitution of conjugal rights against wife at place 'M.B'‑‑Common questions of law and fact being involved in two suits, suit of respondent husband pending at place 'M.B' transferred to place 'M' where petitioner wife's suit for dissolution of marriage was already pending against respondent so that both suits be tried by one and same Court to avoid conflict of judgments.
Judgment & Decree
Date of hearing: 22nd November, 1986. This petition under section 25‑A of the West Pakistan Family Courts Act, 1964 seeks transfer of the suit for restitution of conjugal rights titled "Muhammad Yar v. Mst. Nusrat Bevi" from the Court of Mirza Jawad Abid Baig, Judge Family Court, Mandi Baha‑ud‑Din District Gujrat to the Court of Rana Muhammad Shafi, Judge Family Court, Multan before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner contends that the petitioner has instituted the suit for dissolution of marriage at Multan where she is now living with her brother who is employed as Civil Clerk in the Army and the respondent in order to cause harassment to the petitioner has subsequently instituted the suit for restitution of conjugal rights at Mandi Baha‑ud‑Din. In this context the learned counsel contends that the suit of the petitioner being earlier in time and there being common questions of law and fact involved in the two suits it will be just and appropriate if the suit of the respondent is transferred to Multan so that both the suits are tried by one and the same Court to avoid conflict of judgments.
3. No one has appeared on behalf of the respondent to contest this petition. He has been proceeded against ex parte. That being so the contentions raised on behalf of the petitioner are going unrebutted.
4. In view of the foregoing position, allowing this petition, I direct that the suit for restitution of conjugal rights titled "Muhammad Yar v. Mst. Nusrat Bevi" be withdrawn from the Court of Mirza Jawad Abid Baig, Judge Family Court, Mandi Baha‑ud‑Din, District Gujrat and entrusted to the Court of Rana Muhammad Shafi, Judge Family Court, Multan for adjudication in accordance with law.
5. Since the respondent has not appeared to contest this petition, there will be no order as to costs.
6. The parties shall appear before the transferee Court in the suit for restitution of conjugal rights on 20th of December, 1986.
7. The Court at Mandi Baha‑ud‑Din from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above.
8. It is further directed that the transferee Court shall give the same dates of hearing after 20th of December, 1986 in both the suits so that no extra inconvenience is caused to the respondent. H. B. T. /N‑5/L??????????????????????????????????????????????????????????? Suit transferred.