MUKHTAR SULTANA vs TASADAQ (TASADAQ HUSSAIN)
This matter arises from a petition seeking the transfer of a family suit. The core legal question concerns the appropriate forum and consolidation of cross-suits—specifically, a suit for restitution of conjugal rights and a suit for dissolution of marriage—pending in different cities. The Lahore High Court held that it is in the interest of justice and balance of convenience to have both related matrimonial suits tried together in one court. Consequently, the court allowed the petition and ordered the transfer of the respondent's suit from the Family Court at Bahawalpur to the Family Court at Multan where the petitioner's suit was pending. The key principle laid down is that where cross-suits regarding matrimonial disputes are instituted between the same parties in different courts, the balance of convenience dictates their consolidation and trial in a single court to avoid conflicting decisions and hardship.
- Whether two related suits for restitution of conjugal rights and dissolution of marriage pending in different courts can be consolidated in one court?
- Does the balance of convenience serve as a ground for transferring a family suit from one city to another?
- Can a suit pending before a Family Court at Bahawalpur be transferred to a Family Court at Multan?
I have heard Mr. Manzoor Ahmad, Advocate for the respondent. He has raised objection that the suit for restitution of conjugal rights was filed earlier than the suit for dissolution of marriage. He also argued that the family of the petitioner is living at Bahawalpur.
2. After considering the arguments I am of the view that it will b better if the two suits, one for 'restitution of conjugal rights' and the other for 'dissolution of marriage' are consolidated in one Court. The balance o1 convenience is in transferring the suit of the respondent to the Court it Multan. I, therefore, allow the petition, direct that the suit of Tasadm Hussain v. Mukhtar Sultana and others pending in the Family Court, Bahawal pur, be transferred to the Family Court at Multan (Mr. Afzal Hussain Kazmi Judge Family Court).