1982 PLP 1089 (CLC)

‑‑ S. 25‑A‑Dissolution of marriage‑Transfer of cases‑Petitioner (wife) instituting suit for dissolution of marriage against respondent (husband) prior in time‑Marriage between parties taking place within territorial jurisdiction of Judge Family Court at K‑Suit of respondent for restoration of conjugal rights filed later against petitioner at N transferred to K for trial with suit of petitioner. M. A. Zafar and Zaheer Ahmad Saeed for Petitioner. M. S. Baqir for Respondent. This is an application under section 25‑A of the Family Courts Act, 1964, seeking transfer of the case entitled Akbar v. Mst. Majidan pending decision in the Court of Syed Shaukat Ali Zaidi, Judge Family Court, Narowal to the Court of Mr. Khalid Saeed Akhtar, Judge Family, Court, Kasur.

2. The facts giving rise to this petition are that Mst. Majidan, the petitioner herein was married to respondent on 18‑6‑1975 within the territorial jurisdiction of district Kasur. She instituted a suit for dissolution of marriage against the respondent on 1‑2‑1982 before the Judge Family Court Kasur which is pending trial since then. The respondent also instituted a suit against the petitioner for restitution of conjugal rights after the institution of the aforementioned suit by her which is pending decision before the Judge Family Court, Narowal.

3. Learned counsel for the petitioner contended that the respondent has instituted the suit for restitution of conjugal rights as counterblast to the suit for dissolution of marriage filed by the petitioner against him.

4. Learned counsel for the respondent did not controvert the fact that the petitioner has filed the suit for dissolution of marriage against the respondent prior in time and that marriage between the spouses took place on 18‑6‑1975 at Mauza Bath, Tehsil and District Kasur, but pleaded that it will cause great inconvenience to the respondent to prosecute the matter at Kasur. He, however, prayed that the suits of the parties be withdrawn from the respective Courts and be entrusted to a Judge Family Court at Lahore for the convenience of the parties.

5. I have heard learned counsel for the parties and find that the petitioner had‑instituted her suit prior in time and that the marriage between the parties also took place within the territorial jurisdiction of Judge Family Court at Kasur. The respondent has to defend the suit for dissolution of marriage filed by the petitioner at Kasur, therefore, the suit filed by the respondent for restitution of conjugal rights and pending in the Court of Syed Shaukat Ali, Judge, Family Court, Narowal, is withdrawn and transferred to the District Judge, Kasur for its entrustment to the Court of Mr. Khalid Saeed Akhtar, Judge Family Court, Kasur, for trial with the suit for dissolution of marriage filed by the petitioners already pending in that Court. This petition is allowed with no order as to costs. M. Y. M. Petition allowed.