MUKHTARAN Versus MUHAMMAD ALAMGIR

ORDER

This petition under section 24, C. P. C. has been moved by Mst. Mukhtaran for transfer of the suit for permanent injunction filed against her by the respondent in the civil Court at Vehari. In the petition it is alleged that the petitioner was married to the respondent and out of the wedlock four children were born. On 7-4-1969 the respondent divorced her. The custody of the minors was given to her by the Guardian Judge, Sahiwal. She filed a suit for the maintenance of the children which was decreed by the Judge, Family Court, Sahiwal, but the respondent has not paid a penny so far although the decree was passed about seven years back. The grounds urged for transfer of the suit are that the petitioner is a pardanashin lady and is residing alongwith her children in village Bashirpur, Tehsil Dipalpur District Sahiwal, and the civil Court at Vehari has no jurisdiction to try the suit. It is further submitted that the suit has been filed in the civil Court, Vehari, to cause inconvenience and hardship to the petitioner as it takes at least six to seven hours to reach Vehari from Basirpur.

2. The respondent did not appear in spite of service and has been proceeded against ex parte. I have heard the learned counsel for the petitioner. Ordinarily a plaintiff has the right to choose his forum and the, Court should be reluctant to interfere with this right, but in the instantl case the preponderance of convenience seems to be in favour of the petitioner) because she is a pardanashin lady and has to look after her four minor children. She would be put to great inconvenience and hardship if the suit is tried at Vehari.

3. I, therefore, allow this petition and withdraw the suit, titled "Mahammad Alamgir v. Mst. Mukhtaran", from the Court of Senior Civil Judge, Vehari, and transfer the same for disposal to the Court of Civil Judge, Dipalpur, District Sahiwal. There shall be no order as costs. s. A. H. Petition allowed.