2011 PLP 2250 (YLR)
Mst. BASHIRAN BIBI — Petitioner Versus AZMAT ALI — Respondent
| Citation | 2011 PLP 2250 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Iljaz Ahmad Chaudhry, C.J. |
| Parties | Mst. BASHIRAN BIBI — Petitioner Versus AZMAT ALI — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2011 PLP 2250 (YLR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 2250 (YLR)?
The case was heard and decided by the Lahore bench comprising: Iljaz Ahmad Chaudhry, C.J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 2250 (YLR) (Mst. BASHIRAN BIBI — Petitioner Versus AZMAT ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Miss Sabahat Riaz for Petitioner.
- Sardar Muhammad Khalil for Respondent.
- Waqas Qadeer Dar, Assistant Advocate-General.
Headnotes / Summary
S.25-A
Transfer of case, application for
Plaintiff had filed suit for dissolution of marriage and recovery of dowry articles which was pending in the court at place "L "
Defendant had also filed suit for recovery of amount against the plaintiff which was pending in the court at place "G "
Plaintiff had sought transfer of suit for recovery of amount filed by the defendant which was pending in the court at place "G" to the court at place "L" where her suit was pending
Contention of the plaintiff was that she was living at place "L" with her mother, who was an old lady and could not pursue the case filed by defendant at place "G "
Defendant had opposed transfer application stating that . same had been filed just to harass him, which fact was apparent from the order passed by Family Court at place "L" that plaintiff's side was very influential and that filing of transfer application was just to refrain him from pursuing his case; and that instead of-transferring the case of defendant from place "G", the case pending at place "L" could be transferred to place "G"
Record of the case had revealed that plaintiff's side along with some lawyers of the local bar had attacked defendant in the court and had caused serious injuries to hint as well as his brother
Criminal case in that regard had already been registered against plaintiff's side
Submissions made on behalf of the defendant had full support from the order of the Family Court and F.I.R. lodged by the defendant
Case was already ripe for pronouncement of judgment in the near future
Transfer of the case at that stage would not be proper, in circumstances which was declined. Waqas Qadeer Dar, Assistant Advocate-General.
Judgment & Decree
IJAZ AHMAD CHAUDHRY, C.J.
The petitioner is mother of Mst. Javeria, who has filed suit for dissolution of marriage and recovery of dowry articles titled "Javeria Bashir v. Azmat Ali", which is pending in the court of Mr. Masood Akht:,r Kiani, Judge Family Court, Lahore, through the instant application has sought transfer of suit for recovery of Rs.1,00,000 filed by the respondent titled "Azmat Ali v. Mst. Bashiran Bibi", which is pending in the Court of Mr. Masood Ahmad Qureshi, Civil Judge, Gujranwala, to the Court of Judge Family Court, Lahore, where her suit is already pending.
2. In support of this petition, learned counsel contends that Mst. Javeria is living at Lahore with the petitioner, who is an old lady and cannot pursue the case filed by the respondent at Gujranwala.
3. On the other hand, learned counsel appearing on behalf of the respondent has vehemently opposed this application by stating that the same has been tiled just to harass the respondent, which fact is apparent from the order dated 21-4-2010 passed by the learned Judge Family Court, Lahore; that the petitioner's side is very influential and the filing of instant application is just to refrain the respondent from pursuing his case; and that in these circumstances, instead of transferring the case of respondent from Gujranwala, the case pending at Lahore may be transferred to Gujranwala.
4. I have heard the learned counsel for the parties and gone through the record. From the perusal of record it reveals that petitioner's side along with some lawyers of the local bar had attacked upon the respondent on 21-1-2010 in the Court and had caused serious injuries to him as well as his brother Muhammad Ali. They had also caused damage to the rostrum of the Court. A criminal case in this regard has already been registered against the petitioner's side. The submissions made on behalf of the respondent have, thus, full support from the order dated 21-4-2010 passed by the learned trial Court and the F.I.R. lodged by the respondent. According to the learned counsel for the respondent, the case is already ripe for pronouncement of judgment in near future, hence, transfer of the case at this stage will not be proper.
5. For what has been discussed above, this petition is dismissed. H.B.T./B-15/L Application dismissed.