1985 PLP 253 (MLD)
Mst. ZAKIA NAZAR — Petitioner Versus TALLAT MAHMOOD — Respondent
| Citation | 1985 PLP 253 (MLD) |
| Forum / Court | Lahore |
| Bench Members | C.A. Rahman, J |
| Parties | Mst. ZAKIA NAZAR — Petitioner Versus TALLAT MAHMOOD — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 1985 PLP 253 (MLD)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 253 (MLD)?
The case was heard and decided by the Lahore bench comprising: C.A. Rahman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 253 (MLD) (Mst. ZAKIA NAZAR — Petitioner Versus TALLAT MAHMOOD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Ihsan Ahmad for Petitioner.
- Nemo for Respondent.
- Date of hearing: 24th November, 1984.
Headnotes / Summary
S. 25-A--Civil Procedure Code (V of 1908), S. 24--Transfer Application--Suit filed by wife for jactitation of marriage and suit filed by husband for restoration of conjugal rights at G and L respectively--Wife a Pardanasheen lady likely to put to inconvenience if she was required to travel to place where husband's suit was filed against her--Held, justice required that both suits arising out of matrimonial dispute be tried by one court to avoid conflicting decisions on common questions of law and facts involved in suits--Transfer application of wife allowed.
Judgment & Decree
S. 25-A--Civil Procedure Code (V of 1908), S. 24--Transfer Application--Suit filed by wife for jactitation of marriage and suit filed by husband for restoration of conjugal rights at G and L respectively--Wife a Pardanasheen lady likely to put to inconvenience if she was required to travel to place where husband's suit was filed against her--Held, justice required that both suits arising out of matrimonial dispute be tried by one court to avoid conflicting decisions on common questions of law and facts involved in suits--Transfer application of wife allowed. Sh. Ihsan Ahmad for Petitioner. Nemo for Respondent. Date of hearing: 24th November, 1984. The petitioner has instituted a suit for jactitation of marriage in the Family Court at Gujranwala against the respondent, who has brought a suit for restitution of conjugal rights against her in the Family Court at Lahore. She has moved this Court under section 25-A of the Family Courts Act, 1964 for the transfer, of the last mentioned suit to the Family Court at Gujranwala on the usual ground that being a Pardah nasheen lady she would be put to inconvenience if she were required to travel to Lahore to defend the suit and further that she also apprehends danger to her personal safety at Lahore in view of the threats given to her by the respondent. 2. Notice was issued to the respondent but when the case came up for hearing today neither he nor his counsel appeared in Court with the result that he has been proceeded against ex parte. 3. After hearing the learned counsel for the petitioner it has been) found that a case for transfer of the suit for restitution of conjugal rights instituted by the respondent to the Family Court at Gujranwala is made out. Apart from the grounds stated by the petitioner in her petition it is necessary and in the interest of justice that the two suit which have arisen out of the matrimonial disputes are tried by on court so as to avoid conflicting decisions on common questions of la and facts involved in the two suits. The petition is accordingly allowed and the suit for restitution of conjugal rights fled by the respondent and pending in the Court of Syed Iftikhar Hussain Shah, Judge Family Court, Lahore is transferred to the Court of Ch. Riaz Ahmad, Judge Family Court, Gujranwala, before whom her suit for jactitation of marriage is pending. Under the circumstances no order is made as to costs. M . Y . H . Petition allowed.