Mst. NAZIRAN BIBI vs PIRAN DITTA
This matter comes before the Supreme Court of Pakistan upon leave granted to consider whether the venue of a suit for dissolution of marriage filed by the appellant-wife against the respondent-husband should be transferred from Khanpur, District Rahimyar Khan to Lahore. The core legal question concerns the appropriate venue for trial taking into account the convenience and safety of the parties. The Supreme Court held that the suit should be heard at Rahimyar Khan, where the appellant's parents reside, rather than Lahore where she was temporarily residing without sufficient justification. The Court laid down the principle that while addressing concerns regarding the safety and apprehension of physical harm raised by a female litigant, appropriate security arrangements such as furnishing surety bonds may be ordered to allay fears, while ensuring the venue of trial is determined in the overall interest of the parties.
- Whether a suit for dissolution of marriage can be transferred from one city to another on the ground of the wife's temporary residence?
- Can the Supreme Court direct a party to furnish a surety bond to assure the safety of the opposing spouse in family proceedings?
ORDER
MIAN BURHANUDDIN KHAN J.--Leave was granted by this Court, per order dated 18-1-1987 on the question of the venue of the trial to be changed from Khanpur, District Rahimyar Khan to Lahore where the appellant Mst.Naziran Bibi had filed suit for dissolution of marriage against her husband- respondent Piran Ditta which is pending before a Family Court.
Respondent was required, by notice, to appear before this Court but he failed to appear in spite of knowledge of these proceedings.
2. Learned counsel for the appellant Agha Taj Muhammad submitted that Mst. Naziran is presently living with her relative in Lahore. Apparently no reason was shown for doing so. Therefore, we consider this in the interest of both the parties that both the suits, under reference in this appeal, be heard at Rahimyar Khan where appellant's parents reside.
3. As the appellant apprehends danger to her life, therefore, in order to allay her fear, respondent Piran Ditta shall furnish bond with two sureties in the sum of Rupees twenty-five thousand each, assuring not to cause any physical harm to the appellant. The bond shall be furnished in the Office of this Court after the same is verified to the satisfaction of the trial Court at Khanpur, District Rahimyar Khan. With this observation the appeal is disposed of. No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.