2010 PLP 992 (MLD)
NASREEN BIBI and 5 others — Petitioners Versus SHABBIR HUSSAIN — Respondent
| Citation | 2010 PLP 992 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NASREEN BIBI and 5 others — Petitioners Versus SHABBIR HUSSAIN — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2010 PLP 992 (MLD)?
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 2010 PLP 992 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 992 (MLD) (NASREEN BIBI and 5 others — Petitioners Versus SHABBIR HUSSAIN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha I.A. Imran for Petitioners.
- Chaudhry Rashid Ahmad for Respondent.
Headnotes / Summary
S. 5, Sched. & S. 25-A
Guardians and Wards Act (VIII of 1890), S.25
Plaintiff (wife) filed suit for recovery pf maintenance allowance against the defendant (husband) in the court at place `G', while defendant as a counterblast had instituted a suit for restitution of conjugal rights against the plaintiff in the court at place `L'
Defendant had also filed a petition for appointment of guardian and custody of minors, which was pending adjudication in the court at place `L'
Under provisions of S.25-A of the West Pakistan Family Courts Act, 1964 the suit and the petition filed by the defendant in the court at place `L' were liable to be transferred to Family Court at place `G' where the suit of plaintiff for recovery of maintenance allowance was pending adjudication
Suit and petition of the defendant pending in the courts at place `L' were to be withdrawn and transferred to the Family Court at place 'G', where the suit of the plaintiff was pending
Order accordingly.
Judgment & Decree
MIAN SAQIB NISAR, J.
The learned counsel for the petitioners contends that petitioner No.1 and the respondent are married, but are separated; she and the other petitioners (minor children for the parties) are living at Gujranwala where they have filed a suit for the recovery of maintenance allowance against the respondent, pending in the Court of learned Judge Family Court, Gujranwala, while the respondent as a counterblast has instituted a suit for the restitution of conjugal rights against petitioner No.1 at Lahore, which is on the cause-list of Mr. Muhammad Irfan Safdar, learned Judge Family Court, Lahore; he has also filed a petition for appointment of guardian and custody of the minors, which is pending adjudication in the Court of Mr. Hassan Ahmad, learned Guardian Judge, Lahore, therefore, under the provisions of section 25-A of the Family Courts Act, 1964, the suit and the petition of the respondent are liable to be transferred to the Family Court at Gujranwala, where the suit of the petitioners is pending.
2. I have heard the learned counsel for the parties and find that in the light of the provisions of above said law, the suit and the petitioner of the respondent pending in the Courts of Mr. Muhammad Irfan Safdar, learned Judge Family Court, Lahore and Mr. Hassan Ahmad, learned Guardian Judge, Lahore, respectively are liable to be withdrawn and transferred to the learned Family Court at Gujranwala, where the suit of the petitioners is pending. Order accordingly. Allowed. H.B.T./N-22/L Application allowed.