1999 PLP 1913 (CLC)
BUSHRA SIDDIQUE ‑‑‑ Applicant Versus Mirza MUHAMMAD ASLAM‑‑‑Respondent
| Citation | 1999 PLP 1913 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Ramday, J |
| Parties | BUSHRA SIDDIQUE ‑‑‑ Applicant Versus Mirza MUHAMMAD ASLAM‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1913 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1913 (CLC)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Ramday, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1913 (CLC) (BUSHRA SIDDIQUE ‑‑‑ Applicant Versus Mirza MUHAMMAD ASLAM‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Respondent.
Headnotes / Summary
(a) West Pakistan Family Courts Act (XXXV of 1964)‑‑‑ ‑‑‑‑S. 25‑A‑‑‑Transfer application‑‑‑Suit of dissolution of marriage of wife was pending at place "G"‑‑‑Husband filed suit for restitution of conjugal rights at place "D"‑‑‑Husband had refused to accept notice of transfer application, and thus, was proceeded ex parte‑‑‑Both the suits were consolidated at place "G". (b) Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑S. 24‑‑‑Transfer application‑‑‑Respondent was mother‑in‑law of petitioner‑‑‑ Petitioner filed suit for dissolution of marriage at place "G" whereas respondent filed suit for recovery of gold ornaments at place "D"‑‑‑Another suit for restitution of conjugal rights was also filed by son of respondent at place "D"‑‑ Respondent was proceeded ex parte in transfer application as she refused to accept notice‑‑‑Suit filed by respondent at place "D" was withdrawn and transferred to place "G" in circumstances. Mirza Muhammad Aziz‑ur‑Rehrnan for Applicant.
Judgment & Decree
This order shall dispose of Transfer Application No.429 of 1995 as also Transfer Application No.271 of 1996. A notice had once again been issued to Muhammad Aslam respondent to defend Transfer Application No.429 of 1995. This notice which had been sent for service through the learned trial Judge has been received. back with a report that Muhammad Aslam respondent had refused to accept service and consequently, his service had been affected through affixation.
2. In this view of the matter Muhammad Aslam respondent is proceeded against ex parse.
3. Mst. Bushra Siddique petitioner was married to Muhammad Aslant respondent and on account of certain matrimonial disputes the said petitioner filed a suit for dissolution of marriage which is pending in the Court of a learned Judge Family Court at Gujranwala. The respondent also filed a suit for the restitution of conjugal rights in the Court of a learned Judge Family Court at Daska which suit of the respondent is, thus, pending at Daska. Through Transfer Application No.429 of 1995 the petitioner prays for consolidation of both these. suits.
4. No one appears to resist the petitioner's said prayer. Even otherwise the petitioner's prayer for consolidation of the . abovementioned two suits at~ Gujranwala is reasonable.
5. Consequently, Transfer Application No.429 of 1995 is allowed. The suit for restitution of conjugal rights titled as Mirza Muhammad Aslam v. Bushra Siddique which is pending trial in the Court of learned Family Judge‑I at Daska is withdrawn from the said Court and is entrusted for trial to the Court of 6 learned Family Judge at Gujranwala where the petitioner's suit for dissolution of marriage titled as Mst. Bushra Siddique v. Mirza Muhammad Aslant is pending.
6. Copies of this order shall be sent to both. the abovementioned learned Courts for information and compliance.
7. Transfer Application No.271 of 1996 was also filed by Mgt. Bushra Siddique petitioner seeking transfer of another case filed by the mother of Muhammad Aslam respondent abovementioned praying for the passing of a decree directing Mst. Bushra Siddique to return 23 Tolas of gold to Mst. Sardaran which gold ornaments Mst. Bushra Siddique had taken from the said Mst. Sardaran. This suit filed by Mst. Sardaran is also pending disposal in the Court of a learned‑Civil Judge at Daska.
8. The report received indicates that Mst. Sardaran had also refused to accept notice and service of notice sent to her had been caused through affixation. No one appears on her behalf to resist this transfer application.
9. In this view .of the matter and also in view of the fact that the prayer for transfer of the case in question from Daska to Gujranwala was not C unreasonable, this application bearing Transfer Application No.271 of 1996 is also allowed.
10. Consequently, the civil suit titled as Mst. Sardaran Bibi v. Mst. Bushra Siddique is withdrawn from the Court of a learned Civil Judge at Daska where the same is pending and is transferred for trial to a competent Court at D Gujranwala. The learned Senior Civil Judge at Gujranwala shall entrust the said suit to arty competent Court for the purpose.
11. Copies of this order shall also be sent to the concerned Civil Judge at Daska and the learned Senior Civil Judge, Gujranwala for information and compliance. Q.M.H./M.A.K./B‑44/L Applications accepted.