M/S. ZAFFAR IQBAL & CO Versus MST. NOOR JEHAN

Mst. Nasim Begum is wife of the respondent, Muhammad Amir Khan. She has made this petition for transfer of a suit for restitution of conjugal rights brought against her by the respondent. That suit is pending before Mr. Tahir Jamil Butt, Judge, Family Court, Chakwal. On the other hand, the petitioner has filed a suit for dissolution of marriage, against the respondent, which is being heard by Mr. Jahandad Khan Banth, Judge Family Court, Lahore. The petitioner has prayed that the respondent's suit may also be transferred to the said Court at Lahore.

2. In view of the nature of the two suits, common questions of law and fact are likely to arise therein. Conflicting findings on such questions can be avoided if both the suits are heard and decided by one and the same Court. Further, if the two suits are allowed to be tried by the Courts now seized of them, the petitioner will have to go to Chakwal to defend the suit brought by the respondent and the latter will have to visit Lahore to resist the suit, instituted by the former. It is, therefore, my desire that one of the parties should be saved of the bother and expense to which she/he would be put for going to a place other than the place of her/his residence to contest the suit against her/him. Which of the two parties should be helped in this regard is the question which now falls for consideration. Since the petitioner is a female but the respondent is a male, and the petitioner claims to be a Pardanashin lady and is a female but the respondent is a male I feel that she deserves to be accommodated in preference to the respondent. Accordingly, I accept this petition and transfer the respondent's suit from the said Family Court of Chakwal to the above Family Court of Lahore, which is trying the petitioner's suit for dissolution of marriage. There shall be no order as to costs. .

AA./N‑50/L Suit transferred.