ANWAR BIBI Versus MUHAMMAD ASLAM

This petition under Section 25‑A of the Family Courts Act seeks transfer of the suit for restitution of conjugal rights titled "Muhammad Aslam v. Mst. Anwar Bibi" from the Court of Mr. Muhammad Afzal Khan, Judge Family Court; Kamalia District Toba Tek Singh to the Court of Mr. Akbar Ali Cheema, Judge Family Court Faisalabad.

2. The learned counsel for the petitioner contends:

First, that the marriage of the parties was performed at Faisalabad where the petitioner instituted the suit for dissolution of marriage;

Secondly, that the respondent as a counterblast only and to cause harassment to the petitioner instituted the suit for restitution of conjugal rights at Kannfa, District Toba Tek Singh subsequent to the institution of the suit of the A petitioner;

Thirdly, that the petitioner who is Pardahnashin lady apprehends danger to her life and abduction of her‑ children in case, he has to go to an outstation for defending herself; and

Lastly, that similar questions of law and fact are likely to arise in the two suits and, therefore, it will be in the interest of justice and to avoid conflict of judgments that the two suits are tried by one and the same Court.

3 The respondent who is present in person has, on the other hand, submitted that he is a poor person and, therefore, can ill‑afford to defend himself at Faisalabad.

4. Having given consideration to the controversy I am of the view that the contentions raised on behalf of the petitioner have force and find support also from the precedent case‑law on the subject of transfer of suits arising under the Family Courts Act.

5. In so far as the submission of the respondent is concerned, I suffice by Observing, that the respondent in any case has to go to Faisalabad to defend himself in the suit for dissolution of marriage and also in the suit which has been instituted by the petitioner against him at Faisalabad for restraining him from snatching the minor children from her during the period of Hizanat. If the suit of the respondent is also transferred to Faisalabad and is directed to be fixed on the same dates of hearing on which the other suits of the petitioner are fixed then obviously no extra inconvenience shall be caused to him.

6. In view of the foregoing discussion allowing this petition I would direct that the suit for restitution of conjugal rights titled "Muhammad Aslam v. Mst. Anwar Bibi" be withdrawn from the Court of Mr. Muhammad Afzal Khan, Judge Family Court, Kamalia District Toba Tek Singh and entrusted to the Court of Mr. Arshad Iqbal, Judge Family Court Faisalabad before whom the petitioner's suit for permanent injunction is pending as I intend to also withdraw the suit for dissolution of marriage instituted by the petitioner against the respondent from the Court of Mr. Akbar All Cheema and entrust the same as well to the Court of Mr. Arshad Iqbal, Judge Family Court Faisalabad so that the total litigation between the parties is dealt with by one and the same Court. The learned counsel for the petitioner has also agreed that this may be so done since it is in the interest of all concerned. The above will not only cause expeditious disposal of the cases, but will also save any extra inconvenience that may be caused to any of the parties on account of pendency of cases between them in various Courts.

7. In the light of the above discussion it is also directed that the suit for dissolution of marriage titled "Mst. Anwar Bibi v. Muhammad Aslant" be also withdrawn from the Court of Mr. Akbar Ali Cheema, Judge Family Court Faisalabad and entrusted to the Court of Mr. Arshad Iqbal, Judge Family Court, Faisalabad. All the three cases between the parties shall now be adjudicated upon by the above transferee Court expeditiously and in accordance with law. The parties shall appear before Mr. Arshad lqbal, Civil Judge/Judge Family .Court in all the cases on 15‑3‑1989.

8. The Courts of Mr. Muhammad Afzal Khan, Judge Family Court Kamalia, District Toba Tek Singh and Mr. Akbar Ali Cheema, Judge Family Court, Faisalabad are directed to forthwith transmit the records of the respective cases pending before them to the Court of Mr. Arshad Iqbal so that they are with the transferee Court well in advance of the date fixed above viz. 15‑3‑1989.

9. The transferee Court is directed to ensure that the same dates of hearing are fixed in all the cases between the parties.

In the attendant circumstances of the case there will be no order as to costs.

H.B.T./A‑544/L Suit transferred.