P L D 1982 Lahore 455 (PLP)

This is an application under section 25‑A read with section 25‑B of the W. P. Family Courts Act, 1964 seeking transfer of the suit for restitution of conjugal rights filed by the respondent against the petitioner titled Muhammad Iqbal v. Salma Bibi" and presently pending before the Judge, Family Court, Daska District Sialkot to the Court of Mr. Shaukat Ali Khan, Judge, Family Court, Lahore.

2. The learned counsel for the petitioner contended that the suit for restitution of conjugal rights has been filed by the respondent to harass the petitioner despite the fact that he had already divorced the petitioner on 16‑6‑1980 in a panchayat held for decisions of the dispute between the parties. The learned counsel further contends that the petitioner is a pardahnashin lady and on account of attempts made by the respondent for her abduction she was forced to leave her village and live at Lahore with her paternal uncle. It is also submitted that the suits for restitution of conjugal rights and dissolution of marriage pending between the parties have common questions of facts and law and there may be conflict of judgment in case those are allowed to be tried by two different Courts.

3. On the other hand, the learned counsel for the respondent submits that the suit of the respondent is earlier in time having been filed on 5‑9‑1981. than the suit of the petitioner which was filed on 5‑12‑1981. He also controverts the allegation that an attempt of abduction of the petitioner was made by the respondent. The further argument of the learned counsel for the respondent is that the suit of the petitioner is fixed for orders after statement of the petitioner before issues.

4. Having given consideration to the controversy involved, I find force in the submission: made on behalf of the petitioner. It is well settled that suits for dissolution of marriage and restitution of conjugal rights between the same parties should better be tried by one and the same Court to avoid conflict of judgment. It has also been held by judicial precedent that the filing of a suit by a husband for restitution of conjugal rights earlier in time will not be an impediment in the way of transfer of his suit to be tried by the Court where the wife has filed the suit for dissolution of marriage subsequently. There can be, no denying the proposition that due consideration has to be given to the convenience of a lady litigant, especially in matters arising under the W. P. Family Courts act where presence of the parties is also called for.

5. In view of the foregoing discussion, accepting this application I direct that the suit for restitution of conjugal rights fled by the respondent against the petitioner titled "Muhammad 1qbal v. Salima Bibi" presently pending before the Judge, Family Court, Daska District Sialkot be withdrawn from that Court and entrusted to Mr. Shaukat Ali Khan, Judge Family Court, Lahore before whom the petitioner's suit against the respondent for dissolution of marriage is pending for adjudication in accordance with law. There will, however, be no order as to costs. The learned transferee Court shall consider the desirability of consolida tion/trial together of both the suits. In any case the same dates of hearing shall be fixed in both the suits to avoid inconvenience to the respondent. The parties shall appear before the transferee Court on 3‑5‑1982. The learned Judge, Family Court, Daska from whose Court the suit for restitution of conjugal rights titled Muhammad Iqbal v. Salma Bibi has been transferred shall ensure that the record of the case is transmitted to the transferee Court well in advance of the date fixed above. M. A. K, Petition accepted.