1989 PLP 2954 (MLD)

Nazir Muhammad and Suleman Akhtar for Respondent. Date of hearing: 24th May, 1989. This order will dispose of TA. No.151-C/89 and TA. No.152-C/89 as these are between inter parties.

2. The petitioner was married to the respondent at Sahiwal and they have a minor daughter aged 5 years. After some time the respondent went away to Libya. The petitioner came back to her parents at Lahore. She has joined service as a Nurse. Firstly, she filed a suit for dissolution of marriage before the learned Civil Judge, Lahore which was withdrawn on 18-3-1989 with permission to file a fresh one. She has now filed a suit for dissolution of marriage which is pending before Mian Nasir Hussain, learned Civil Judge, Lahore. The respondent has filed a suit for custody of the minor before the learned Civil Judge/Guardian Judge, Sahiwal and also a suit for restitution of conjugal rights before the learned Senior Civil Judge, Sahiwal. The petitioner-wife seeks transfer of the latter two suits from Sahiwal to Lahore.

2. The contention of the learned counsel for the petitioner is that while the respondent was going to Libya, he came over to Lahore and left her with her parents. On his return, he came to Lahore and resided with her. She has filed a suit at Lahore and she being a lady and employed a Nurse at Lahore, the two suits filed by the respondents; one for custody of the minor and the other for restitution of conjugal rights may be transferred to Lahore as it is difficult for her to go along with her minor daughter to Sahiwal to defend the suits of and on. Learned counsel for the respondent submits that the parties were married at Sahiwal and according to section 3 (2) of the Divorce Act, 1869, the suit could be filed where the parties reside or last resided together. It was contended that the parties lastly resided at Sahiwal which will have the jurisdiction and not the Courts at Lahore.

3. After hearing the learned counsel for the parties, it appears to be in the interest of justice and the parties that all the suits inter parties be tried at one place. Since the petitioner is working as a Nurse and has a minor daughter with her and has also filed a suit at Lahore, the two suits filed by respondent one for a custody of the minor and the other for restitution of conjugal rights pending before the learned Senior Civil Judge Guardian Judge and the learned Civil Judge, Sahiwal are transferred to the Court of the learned Senior Civil Judge, Lahore for further disposal. It will be open to the respondent to raise the objection regarding maintainability of the petitioners suits for lack of territorial jurisdiction. In view of the above, it is directed that the two suits of the respondent for custody of the minor and for restitution of conjugal rights pending before the learned Senior Civil Judge Guardian Judge and learned Civil Judge, Sahiwal are transferred to the file of the learned Senior Civil Judge, Lahore for all the suits inter parties to be disposed of. The applications are disposed of accordingly. H.B.T./P-81/L Suits transferred,