1987 PLP 131 (MLD)

Amanat Ali Bokhari for Petitioner. Nemo for Respondents. Date of hearing: 7th February, 1987. Through the under consideration application the petitioners have sought the transfer of a civil suit titled Ali Gohar v. Ahmad Ali and 5 others for recovery of household articles valuing Rs.23,500 from the Court of Mr. Bashir Ahmad Bhatti, Civil Judge, Depalpur to that of Syed Akhlaque Ahmad, Civil Judge, Lahore, where the suit filed by Mst. Riaz Bibi petitioner No. 1 claiming maintenance for the minor children of petitioner No.l and the respondent is already pending.

2. It has been alleged that petitioner No.l was married to the respondent. Three children were born to them out of their wedlock. On account of strained relations between the spouses and indifferent treatment of the respondent towards petitioner No.l, she (petitioner No.l) was obliged to file a suit for dissolution of marriage against the respondent before the learned Judge Family Court, Lahore. That suit was decreed on 9-4-1986. Petitioner No.l has also filed a suit for maintenance in respect of the maintenance of the minor children which is still pending before Syed Akhlaque Ahmad, Civil Judge, Lahore. As a counterblast the respondent filed a suit for return of articles or alternately for the recovery of Rs. 23,500 as cost of the articles in the Court of Mr. Bashir Ahmad Bhatti, Civil Judge, Depalpur. He falsely alleged in that suit that while leaving his house alongwith other petitioners, petitioner No. 1 took away household articles, jewellery and cash belonging to the respondent. It has further been alleged that on account of strained relations between the parties if the defendants are obliged to go to a distant place, like Depalpur to defend litigation arising out of respondent's suit, against them they apprehend danger at the hand of the respondent and his associates.

3. Out of the petitioners, three petitioners are females. Preference has always to be given to the convenience of the lady litigants. It has also been averred in the under consideration transfer application that petitioner No.l has filed an application for the grant of maintenance for the period of Iddat and past maintenance before the Chairman Arbitration Council at Lahore.

4. In the above circumstances, the under consideration transfer application is allowed and the respondent's suit for the recovery of household articles or alternately for the recovery of Rs. 23,500 pending in the Court of Mr. Bashir Ahmad Bhatti, Civil Judge, Depalur, is hereby transferred from the said learned Court to that of Syed Akhlaque Ahmad, Civil Judge, Lahore, There shall be no order as to costs. H.B.T/A-38/L Transfer application allowed.