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Petitioner: Mst. MUSSARAT RANT VS Respondent: MUHAMMAD FAZIL
Court Name: Lahore High Court Judge(s): Ihsan-ul-Haq Chaudhry Title: Mst. MUSSARAT RANT vs MUHAMMAD FAZIL Case No.: Transfer Application No.278/C of 1997 Date of Judgment:1997-10-22 Reported As: 1999 CLC 1825 Result: Application allowed
JUDGMENT
JUDGMENT This is an application under section 25-A of the Family Courts Act, 1964 for transfer of the suit filed by the respondent. The same; was admitted to hearing and the notice was issued to the respondent, who has not appeared in spite of service, therefore, he is proceeded ex parts. 2. The learned counsel for the petitioner argued that the suits filed by the parties against each other may be entrusted to one and the same Court in order to avoid contradictory decisions. It is added that while selecting the forum for trial of these suits the convenience of were is to be preferred to that of her husband. 3. I have given my anxious consideration to the arguments and gone through the record. There is no cavil with the legal position that the suits filed by the parties against each other should be heard and decided by one and the same Court in order to. Exclude the possibility of contradictory decisions. The P only question is selection of forum for trial of these suits. There is merit in the argument of the learned counsel that normally in this behalf the convenience of were, being a female, is to be preferred to that of her husband. This is not all. The respondent has to appear in the suit of the petitioner at Hafizabad, therefore, if his suit is also transferred to Hafizabad then he shall not suffer any greater inconvenience. 4. The upshot of the above discussion is that this transfer application is ' allowed. The result is that the suit for restitution of conjugal rights titled Muhammad Fazal v. Musarat Rani pending in the Court of Mian Muhammad H Anwar, Judge Family Court, Chiniot is withdrawn from that Court and is made over to the Court of Mr. Khalid Saeed Akhtar, Judge Family Court, Hafizabad, where the suit of the petitioner for dissolution of marriage is pending. The transferee Court is directed to decide both the suits together and expeditiously in accordance with law.