2010 PLP 12 (YLR)
Mst. SUGRA BIBI — Applicant Versus MUHAMMAD AKBAR ALI — Respondent
| Citation | 2010 PLP 12 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sayed Zahid Hussain, C J |
| Parties | Mst. SUGRA BIBI — Applicant Versus MUHAMMAD AKBAR ALI — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2010 PLP 12 (YLR)?
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 2010 PLP 12 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sayed Zahid Hussain, C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 12 (YLR) (Mst. SUGRA BIBI — Applicant Versus MUHAMMAD AKBAR ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Naseer Ahmad for Petitioner.
Headnotes / Summary
S.5, Sched. & S.25-A
Suit for maintenance, recovery of dowry articles and dissolution of marriage
Application for
Applicant's suit was already being tried by the Family Court at place 'J'; whereas suit for restitution of conjugal rights was filed by respondent later on in the court at place `K'
Applicant was not only the resident of place but the marriage also had taken place at that place which assertions of the applicant remained unrebutted
Taking said aspects into consideration, transfer of suit of respondent from Family Court at place "J" where the Family Court was already seized of the suit of the applicant, would serve the ends of justice--Suit for restitution of conjugal rights, was ordered by the Family Court to be transferred to the court at place 'J' where suit filed by the applicant was pending
Both suits would be tried together by the Transferee Court who would proceed expeditiously and decide the matter in accordance with law after notice to respondent.
Judgment & Decree
SAYED ZAHID HUSSAIN, C.J.--Despite personal service, the respondent has remained unrepresented. Seeks transfer of suit titled "Muhammad Akbar Ali v. Mst. Sugra Bibi" filed by the respondent for restitution of conjugal rights which is being tried by the Family Court at Pattoki, District Kasur. The learned counsel contends that the petitioner's suit for maintenance (for herself and children), for recovery of dowry articles and for dissolution of marriage is already being tried by the Family Court, Jahanian, District Khanewal whereas the suit for restitution of conjugal rights was filed by the respondent later on, before Family Court, Pattoki District Kasur. It is stated by the learned counsel that the petitioner is not only resident of Jahanian but the marriage also had taken place at that place. All such assertions have remained unrefuted. Taking these aspects into consideration, the transfer of suit (filed by the respondent) from Family Court, Pattoki to Family Court, Jahanian where the Family Court is already seized of the suit of the petitioner, will serve the ends of justice. Let, therefore, the suit titled "Muhammad Akbar Ali v. Mst. Sugra Bibi" for restitution of conjugal rights be transmitted by the Judge Family Court, Pattoki to the Court of Mr. Munsaf Khan Awan, Judge Family Court, Jahanian. Both the suits will be tried together by the transferee Court who will proceed expeditiously and decide the matter in accordance with law after notice to the respondent. The petition is disposed of accordingly. H.B.T./S-249/L Suit transferred.