2003 PLP 1747 (MLD)
Transfer Application No.339 of 2001
| Citation | 2003 PLP 1747 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Transfer Application No.339 of 2001 |
Q1: What are the key laws and sections cited in 2003 PLP 1747 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1747 (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: 2003 PLP 1747 (MLD) (Transfer Application No.339 of 2001). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Justain Gill for Petitioner.
- Nemo for Respondent.
Headnotes / Summary
S.25-A
Petitioner had filed suit for maintenance which was pending adjudication before Family Court, at L while the respondent had filed a suit for recovery of gold ornaments in Family Court, at P
Petitioner had sought transfer of suit against her to L urging feminine convenience and to avoid contradictory judgments-- Respondent had opted not to join the proceedings before the High Court and was proceeded against ex parte
Contentions of the petitioner having remained uncontroverted respondent's suit was transferred from P to L for adjudication by the Court already seized of the petitioners suit.
Judgment & Decree
S.25-A
Petitioner had filed suit for maintenance which was pending adjudication before Family Court, at L while the respondent had filed a suit for recovery of gold ornaments in Family Court, at P
Petitioner had sought transfer of suit against her to L urging feminine convenience and to avoid contradictory judgments-- Respondent had opted not to join the proceedings before the High Court and was proceeded against ex parte
Contentions of the petitioner having remained uncontroverted respondent's suit was transferred from P to L for adjudication by the Court already seized of the petitioners suit. Justain Gill for Petitioner. Nemo for Respondent. Petitioner's matrimony solemnized with the respondent on 29-9-2000 (vide Nikah Nama Annex. A) soon fell prey to estrangement culminating into pronouncement of divorce unto her on 21-11-2000 whereafter she filed suit claiming maintenance (No.718-FC of 18-4-2001) titled "Mst. Farida Kausar v. Muhammad Ishfaq" pending adjudication before Ms. Shah Zadi Najaf, Judge Family Court, Lahore while the, respondent has filed a suit for recovery of golden ornaments worth Rs.1,00,000 (No.82 of 13-6-2001) styled as "Muhammad Ashfaque v. Mst. Farida and another" before Mr. Muhammad Jawad Alam Qureshi, Judge Family Court, Pasrur District Sialkot for seeking transfer whereof to Lahore has re-coursed to the present petition urging feminine convenience and to avoid contradictory judgments.
2. Wherein despite service effected through multitudinal processes viz. under registered cover A/D in addition to telegraphic communication and ordinary process the respondent has opted not to join the proceedings thus is proceeded against ex parte.
3. Consequently persuaded by the contentions urged being based, duly borne out from the appendices and having remained controverted granting the petition the respondent's aforementioned suit is transferred from Pasrur District Sialkot to Lahore for its adjudication by the Court already seized of the petitioner's suit referred to supra. S.M.A.H./F-120/L Application allowed.