2015 PLP 684 (YLR)

MAHMOOD AHMAD BHATTI, J.

Mst. Shazia, the petitioner filed this petition under section 25-A of West Pakistan Family Courts Act, 1964, seeking withdrawal and transfer of a suit for restitution of conjugal rights titled "Sohail Nazir v. Mst. Shazia Zamurad" pending in the Court of learned Judge Family Court, Layyah to the Court of learned Judge Family Court Kot Addu, District, Muzaffargarh, where her suit for maintenance is pending adjudication.

2. A perusal of the documents annexed to the petition shows that Mst. Shazia instituted a suit for maintenance, recovery of dower as well as recovery of dowry articles on 30-1-2013. The suit is said to be pending in the Court of learned Judge Family Court, Kot Addu, District Muzaffargarh. It seems that Sohail Nazir respondent did not take it lying down. He came up with a suit for restitution of conjugal rights. This suit was instituted by him on 14-2-2013, i.e., subsequent to the suit filed by Mst. Shazia. This made the petitioner rush to this Court to file the instant petition.

3. The very sequence of events shows that the second suit for restitution of conjugal rights was instituted by Sohail Nazir, respondent as a counterblast to the one instituted by Mst. Shazia. She has expressed the apprehension that if she would go to Layyah to pursue the case filed by the respondent, her life would be endangered. Besides, it would put her to a lot of inconvenience. On the other hand, Sohail Nazir, respondent is not likely to suffer any hardships, and if both the suits instituted by the parties to this petition are consolidated, it would also avoid the risk of passing contradictory judgments by the two Courts.

4. I have pondered over the matter, and am of the firm view that the request made by Mst. Shazia is quite reasonable. Regardless of the assertions made by her in the petition, the fact remains that it is not so easy for a lady to travel alone to another District to pursue a family case. Besides, she would have to bear the travel expenses. Be that as it may, it is always desirable that family suits are tried, heard and decided by one and the same learned Judge Family Court so as to avoid conflicting judgments.

5. In view of the above, the suit titled "Sohail Nazir v. Mst. Shazia Zamurad" for restitution of conjugal rights pending trial at Layyah is withdrawn and transferred to the Court of learned Judge Family Court, Kot Addu, District, Muzaffargarh, where the suit of the petitioner for maintenance, recovery of dower and dowry articles is pending adjudication.

6. Since the suit for maintenance instituted by the petitioner has been pending adjudication since 30-1-2013, and has not been decided within six months, as is required under section 12-A of West Pakistan Family Courts Act, 1964, the learned Judge Family Court, Kot Addu, District, Muzaffargarh seized with the suits would make sure that the proceedings in both the suits are carried out expeditiously, bringing them to a close within a month from the receipt of this order Disposed of. SA/S-48/L Application accepted.