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Petitioner: Mst. SAKINA BIBI VS Respondent: BASHIR AHMAD
Court Name: Lahore High Court Judge(s): Abdul Waheed Title: Mst. SAKINA BIBI vs BASHIR AHMAD Case No.: Transfer Application No.472-C of 1987 Date of Judgment:1988-01-27 Reported As: 1990 CLC 853 Result: Suit transferred
Judgment ORDER This is an application by Mst. Sakina Bibi under section 25-A of the Family Courts Act for the transfer of a suit for restitution of conjugal rights instituted against her by the respondent from the Court of Mian Muhammad Nawaz Khan Bhatti, Judge Family Court, Rajanpur to the Court of Raja Shafique Javed, Judge Family Court, Liaquat Pur where her own suit for maintenance is pending. 2. The transfer is sought on the grounds that the suit of the petitioner is prior in time, that she being with a suckling child, it would be inconvenient for her to go to Rajan Pur to defend the suit of the respondent there and that the trial of both the suits together would obviate chances of conflicting judgments. 3. The application is opposed on behalf of the respondent on the ground that the petitioner is a resident of Rajan Pur. This assertion is belied by the plaint of the suit of the respondent himself wherein he has admitted the residence of the petitioner at Liaquat Pur. 4. In the circumstances, this application is allowed and the suit of the respondent for restitution of conjugal rights is withdrawn from the Court of Mian Muhammad Nawaz Khan Bhatti, Judge Family Court, Rajan Pur and transferred to the Court of Raja Shafiquc Javed, Judge Family Court, Liaquat Pur. Both the Courts shall be informed accordingly.
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