1990 PLP 853 (CLC)
Mst. SAKINA BIBI‑‑‑Petitioner Versus BASHIR AHMAD‑‑Respondent
| Citation | 1990 PLP 853 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abdul Waheed, J |
| Parties | Mst. SAKINA BIBI‑‑‑Petitioner Versus BASHIR AHMAD‑‑Respondent |
Q1: What are the key laws and sections cited in 1990 PLP 853 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 853 (CLC)?
The case was heard and decided by the Lahore bench comprising: Abdul Waheed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 853 (CLC) (Mst. SAKINA BIBI‑‑‑Petitioner Versus BASHIR AHMAD‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
West Pakistan Family Courts Act (XXXV of 1964)‑‑ ‑‑‑S. 25‑A‑‑Transfer of suit‑‑‑Wife, seeking transfer of suit for restitution of conjugal rights, instituted against her by husband in Court at place `R.P.' to place 'L.P.', where wife's own suit for maintenance was pending against husband‑‑ Contention that suit of wife was prior in time, she with her suckling child would feel inconvenience to go to place `R.P.' to defend suit against her and that trial of both suits together would obviate chance of conflicting judgments‑‑‑Suit of husband from Court at place `R.P.' to Court at place `L.P.' was ordered to be transferred. Ch. Arshad Mahmood for the Petitioner. Sana Ullah Hashmat Khan for the Respondent.
Judgment & Decree
‑‑‑S. 25‑A‑‑Transfer of suit‑‑‑Wife, seeking transfer of suit for restitution of conjugal rights, instituted against her by husband in Court at place `R.P.' to place 'L.P.', where wife's own suit for maintenance was pending against husband‑‑ Contention that suit of wife was prior in time, she with her suckling child would feel inconvenience to go to place `R.P.' to defend suit against her and that trial of both suits together would obviate chance of conflicting judgments‑‑‑Suit of husband from Court at place `R.P.' to Court at place `L.P.' was ordered to be transferred. Ch. Arshad Mahmood for the Petitioner. Sana Ullah Hashmat Khan for the Respondent. This is an application by Mst. Sakina Bibi under section 25‑A of the Family Courts Act for the transfer of a suit for restitution of conjugal rights instituted against her by the respondent from the Court of Mian Muhammad Nawaz Khan Bhatti, Judge Family Court, Rajanpur to the Court of Raja Shafique Javed, Judge Family Court, Liaquat Pur where her own suit for maintenance is pending.
2. The transfer is sought on the grounds that the suit of the petitioner is prior in time, that she being with a suckling child, it would be inconvenient for her to go to Rajan Pur to defend the suit of the respondent there and that the trial of both the suits together would obviate chances of conflicting judgments.
3. The application is opposed on behalf of the respondent on the ground that the petitioner is a resident of Rajan Pur. This assertion is belied by the plaint of the suit of the respondent himself wherein he has admitted the residence of the petitioner at Liaquat Pur.
4. In the circumstances, this application is allowed and the suit of the respondent for restitution of conjugal rights is withdrawn from the Court of Mian Muhammad Nawaz Khan Bhatti, Judge Family Court, Rajan Pur and transferred to the Court of Raja Shafiquc Javed, Judge Family Court, Liaquat Pur. Both the Courts shall be informed accordingly. H.B.T./S‑617/L. Suit transferred.