NAZIR HUSSAIN Versus MST. SHAZIA PARVEEN

Petitioner, Nazir Hussain, has made this petition for transfer of a suit for dissolution of marriage filed by his wife, Mst. Shazia Parveen, in the Court of Sardar Muhammad Rana, Judge, Family Court, Sialkot. The petitioner's suit for restitution of conjugal rights is also pending before the same Court. According to the petitioner, he filed his suit at Sialkot simply for the reason that the respondent's suit was pending there. It has been prayed by the petitioner that the two suits may be transferred to a Court of competent jurisdiction at Narowal.

2. It was contended by learned counsel for the petitioner that the respondent did not reside within the local limits of the Court which is seized of her suit for dissolution of marriage and, therefore, the said Court has no jurisdiction to hear the suit. It is, however, noteworthy that the petitioner has himself submitted to the jurisdiction of the said Court at Sialkot by filing before it his suit for restitution of conjugal rights. Even if this fact is overlooked, the question of jurisdiction raised by him is to be judicially decided after recording evidence of the parties. I, therefore, cannot express any opinion while dealing with this petition for transfer of the case. If the petitioner is serious in agitating the question of jurisdiction he should do so before the Court in which the respondent's suit is pending and obtain a finding thereon. Needless to say that if the finding is recorded in favour of the petitioner, the plaint in the suit shall be returned to him for presentation before a Court of competent jurisdiction.

3. As things stand at present, more care is to be taken of the convenience of the respondent, who is a female, than that of the petitioner, who is a male. I would, therefore, not like to transfer the respondent's suit from Sialkot in the existing state of affairs.

4. Resultantly, this petition fails. It is dismissed in limine.

AA./N‑6/L Application dismissed.