KAUSAR BIBI Versus GHULAM SHABBIR

ORDER

MUJAHID MUSTAQEEM AHMED, J.--- In spite of due service of respondent, no one has entered appearance on behalf of the respondent, hence ex-parte proceedings are initiated against him.

2. It has been maintained that the suit for maintenance allowance of Alina Bibi minor, filed through next friend/ petitioner/real mother, titled as "Kausar Bibi and another v. Ghulam Shabbir" is pending before the learned Judge Family Court, Jahanian, whereas the respondent has filed an application for custody of minor titled as "Ghulam Shabbir v. Mst. Kausar Bibi", which is sub-judice before the learned Guardian Judge, Multan. As such by filing this petition, the petitioner has prayed for transfer of latter application for custody of minor from the court of learned Guardian Judge, Multan, to the learned Judge Family Court, Jahanian.

3. Heard. Documents appended with this petition perused.

4. Section 25-A of West Pakistan Family Courts Act, 1964 (Act XXXV of 1964) caters for situation where more than one family suits are pending between the same parties before the different family courts, which is reproduced as under:--

"Section 25-A. Transfer of cases .---Notwithstanding any contained in any law the High Court may either on the application of any party or of its own accord, by an order in writing--

(a) transfer any suit or proceeding under this Act from one Family Court to another Family Court in the same district or from a Family Court of one district to a Family Court of another district;

(b) transfer any appeal or proceeding under this Act from the District Court of one district to the District Court of another district..."

5. As per record, petitioner/ real mother of the minor is resident of Tehsil Jahanian and as such it is quite inconvenient for her to appear before the learned Guardian Judge, Multan to contest the guardian petition for custody of minor. Moreover, for adjudication of that petition, presence of minor before the court is also needed and it will be quite inconvenient, difficult and hazardous to health of minor to appear before the learned Guardian Judge, Multan.

6. It is not easy for a lady to alone travel to another District to pursue and defend a case and she would have to bear travelling expenses. So, in family matters, while adjudicating transfer application convenience of lady has been given preference by the Superior Courts. Moreover, it is always desirable that family suits are tried, heard and adjudicated by one and the same court to avoid conflicting judgment. Reliance is placed on "Kashif Meraj v. Judge Family Court and another" (2010 YLR 2568 Lahore), "Mst. Sugra Bibi v. Muhammad Akbar Ali" (2010 YLR 12 Lahore), "Atiqa Muzammil v. Muhammad Umar Farooq" (2010 YLR 1519 Lahore) and "Mst. Shazia v. Sohail Nazir Khan" (2015 YLR 684 Lahore).

7. In view of the above discussion, the instant petition is allowed and the latter petition for custody of the minor titled as "Ghulam Shabbir v. Mst. Kausar Bibi" is withdrawn from the learned Guardian Judge, Multan and is entrusted to the learned Judge Family Court/Guardian Judge, Jahanian District Khanewal (before whom the suit for maintenance allowance is pending) for its disposal, in accordance with law. Both the parties are directed to appear before the learned transferee court on 03.10.2017.

MQ/K-2/L Application allowed.