1989 PLP 248 (MLD)

This petition under Section 25‑A of the Family Courts Act seeks transfer of the suit for restitution of conjugal rights titled "Shahid lqbal v. Mst. Razia Bibi from the Court of Mr. Muhammad Liaqat Ali, Judge Family Court, Toba Tek Singh to the Court of Mr. Ghulam Rasool Ranjha, Judge Family Court, Faisalabad before whom the proceedings for setting aside ex parte decree in a maintenance suit filed by the petitioner against the respondent are pending. It is also asserted that the petitioner compelled by the circumstances has also instituted a suit for dissolution of marriage against the respondent which again is pending adjudication before Mr. Ghulam Rasool Ranjha, Judge Family Court, Faisalabad.

2. The learned counsel for the petitioner has contended that the suit of the petitioner for maintenance having been riled earlier in time the suit of the respondent is liable to be transferred to the same Court especially when another suit viz. the suit for dissolution of marriage of the parties has also been entrusted to the same Court and the controversy arising in the three suits is likely to give rise to same questions of fact and law.

3. In the same context the learned counsel contends that it is well settled that controversies arising between the same parties in family matters should be decided by one and the same Court to avoid conflict of judgment.

4. The next contention of the learned counsel for the petitioner is that the f. petitioner is a Pardahnashin lady who has to bring up two minor children and, therefore, it will be more inconvenient to her to travel rather than it will be to the respondent. ‑‑

5. The last contention of the learned counsel for the petitioner is that the `D petitioner apprehends bodily harm at the hands of the respondent if she is made to go to Toba Tek Singh for defending herself there.

6. No one has appeared for the respondent who has been proceeded against ex parte. The contentions raised on behalf of the petitioner arc, therefore, going unrebutted. Otherwise also these appear to have force in view of the precedent case‑law on the subject of transfer of suits.

7. In view of the foregoing discussion this petition is allowed and the suit for restitution of conjugal rights titled "Shahid lqbal v. Mst. Raria Bibi is withdrawn from the Court of Mr. Muhammad Liaqat Ali, Judge Family Court, Toba Tek Singh and entrusted to the Court of Mr. Ghulam Rasool Ranjha, Judge Family Court, Faisalabad. There will, however, be no order as to costs.

8. The parties shall appear before the transferee Court in the suit for restitution of conjugal rights on 15‑2‑1989. The Court at Toba Tek Singh from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above. The transferee Court shall ensure that in future same dates of hearing are given in the three suits between the parties so that no extra inconvenience is caused. ??????????? H.B.T./R‑119/L ????????????????????????????????????????????????????????????????????????????????? Suit transferred.