Pakistan Case Law
1988 CLC 1647

SITTARA SHAKOOR Versus ABDUL SHAKOOR

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Citation1988 CLC 1647
CourtLahore High Court
Judge(s)Gul Muhammad Khan

ORDER

This is an application praying that a case for restitution of conjugal rights, filed by the respondent, before the Judge, Family Court Bhalwal, be transferred to the Judge, Family Court, Lahore.

2. The petitioner is stated to be 75 years old. The spouses had been living for a long time at Karachi. The contention of the learned counsel for the respondent is that the petitioner is still living at Karachi and that she has made a wrong statement that she is residing now at Lahore.

3. The short question involved in the case is whether it is in the interest of justice that the case be transferred from the Court at Bhalwal to Lahore as prayed for. If I accept the contention of the learned counsel for the respondent that the petitioner is living permanently at Karachi, I think it will be in the interest of justice and less harmful to both the parties if the case is transferred to Lahore. The petitioner shall have the facility of travel and the respondent shall not have to incur unreasonable expenditure of going to a place nearer to Karachi. Again the parties are very old. Normally, no such bona fide proceedings should be there though technically the respondent remains entitled to do so.

4. In this view of the matter, and the request of the petitioner being quite genuine, I direct that the case of the respondent awaiting decision before the Judge, Family Court, Bhalwal be transferred to Judge, Family Court, Lahore. There will be no order as to costs.

M.Y.H. /2819/L Case transferred.

Cited by 2 cases

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