Pakistan Case Law
1988 MLD 1693

Mst. NASIM BIBI Versus ZULFIKAR ALI

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Citation1988 MLD 1693
CourtLahore High Court
Case No.Transfer Application No.270/C of 1981
Date1981-09-27
Judge(s)Saad Saood Jan
ResultCase transferred

ORDER

The petitioner is the wife of the respondent On 29โ€‘10โ€‘1980 she two suits against the respondent in a Family Court at Faisalabad. One of I suits was for dissolution of her marriage and the other was for the recovery of dowry. On 14โ€‘1โ€‘1981 the respondent also filed a suit against the petitioner in a Family Court at Hasilpur m District Bahawalpur for the restitution of his conjugal rights. On 16โ€‘8โ€‘1981 the petitioner moved the present application for the transfer of the suit filed by the respondent from Hasilpur to Faisalabad.

2. It goes without saying that it will be more convenient if the suit for restitution of conjugal rights and the suit for dissolution of marriage are tried b the same Court. The parties were married in Faisalabad and the suit preferred by the petitioner was prior in time. The petitioner is a woman and as such suffers from a handicap. In the circumstances I think that it will be more convenient that if the suit of the respondent is also tried at Faisalabad by the Court which is seized of the petitioner's suit for dissolution of marriage. Accordingly I withdraw. the suit filed by the respondent from the Court of Mr. Muhammad Aslam Chaudhry, Family Judge at Hasilpur and transfer it to the Family Court at Faisalabad, where the petitioner's suit for dissolution of marriage is pending. There will be no order as to costs.

M.Y.H./97/L Case transferred.

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