P L D 1980 Lahore 51 (PLP)

This is an application for transfer of a suit brought by the respondent, Ali Hasan, against the applicant, Mst.- Nasreen Akhtar, for restitution of conjugal rights. That suit is presently pending before Ch. Sardar Ahmad, Judge, Family Court, Kharian, District Gujrat. Before the respondent had brought the aforesaid suit, the applicant had instituted a suit against him for dissolution of marriage which is pending before the Judge, Family Court, Shorkot, District Jhang. It has been prayed by the applicant that the respondent's suit may be transferred to the Family Court at Shorkot so that the two suits may be heard and decided together.

2. The applicant sought transfer of the- respondent's suit on two grounds, namely, that the issues involved in the suits brought by the parties are of common nature and it would, therefore, be in the fitness of things that the two suits are heard and decided by one and the same Court, and that since the respondent is posted at Kharian she apprehended harm at his hands in the event of her going there to defend the suit.

3. While resisting the application, learned counsel for the respondent contended that the applicant could not seek transfer of the respondent's suit without submitting to the jurisdiction of the Court now seized of it and since she had not put in appearance before that Court, the application was not competent. He, however, did not cite any authority in support of the proposition put forth by him although he had obtained an adjournment for the purpose. The provisions relating to the transfer of suits, under the West Pakistan Family Courts Act, 1964, are contained in section 25-A of the said Act. According to these provisions, a suit can be transferred by this Court either on the application of any party or of its own accord. There is nothing in section 25-A to suggest that a suit cannot be transferred at the request of a party thereto unless that party enters appearance before the Court from which the suit is sought to be transferred. There is, thus, no basis for the plea advanced by the learned counsel for the respondent., It is, therefore, repelled.

4. It is not denied that the two suits between the parties involve some common questions. Therefore, with a view to avoiding conflicting decisions thereon it is desirable that the two suits may be heard and decided by one and the same Court.

5. As indicated above, it has been alleged by the applicant that since the respondent is presently employed at Kharian, where his suit is pending, she is likely to be troubled by him on her going there to defend the suit. This averment of the applicant is supported by her affidavit. There is no counter-affidavit by the respondent. It is, therefore, not possible to overlook the apprehension expressed by the applicant.

6. In view of what has gone above, I accept the application and transfer the respondent's suit pending before Ch. Sardar Ahmad, Judge, Family Court, Kharian, District Gujrat, to the Family Court at Shorkot, which is seized of the applicant's suit for dissolution of marriage. There shall be no order as to costs. M. A. K.??????????????????????????????????????????????????????????????????????? Petition accepted.