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Petitioner: SITTARA SHAKOOR VS Respondent: ABDUL SHAKOORHonorable Justice Gul Muhammad KhanMehr Ghulam Ali Mobashir,Kh. Muhammad Akram
1988 C L C 1647
1988 C L C 1647
[Lahore]
Before Gul Muhammad Khan, J
Mst. SITTARA SHAKOOR‑‑Petitioner
versus
Mufti ABDUL SHAKOOR‑‑Respondent
Transfer Application No. 406/C of 1982, decided on 7th February, 1983.
West Pakistan Family Courts Act (XXXV of 1964)‑‑
‑‑‑S. 25‑A‑‑Prayer of wife to transfer case filed by her husband for restitution of conjugal rights to her place of residence‑‑Parties very old and wife would get facility of travel and husband shall also not have to incur unreasonable expenditure if transfer petition accepted‑ Request, held, appearing genuine‑‑Transfer of case ordered.
Mehr Ghulam Ali Mobashir for Applicant. Kh. Muhammad Akram for Respondent.
ORDER
This is an application praying that a case for restitution of conjugal rights, filed by the respondent, before the Judge, Family Court Bhalwal, be transferred to the Judge, Family Court, Lahore.
2. The petitioner is stated to be 75 years old. The spouses had been living for a long time at Karachi. The contention of the learned counsel for the respondent is that the petitioner is still living at Karachi and that she has made a wrong statement that she is residing now at Lahore.
3. The short question involved in the case is whether it is in the interest of justice that the case be transferred from the Court at Bhalwal to Lahore as prayed for. If I accept the contention of the learned counsel for the respondent that the petitioner is living permanently at Karachi, I think it will be in the interest of justice and less harmful to both the parties if the case is transferred to Lahore. The petitioner shall have the facility of travel and the respondent shall not have to incur unreasonable expenditure of going to a place nearer to Karachi. Again the parties are very old. Normally, no such bona fide proceedings should be there though technically the respondent remains entitled to do so.
4. In this view of the matter, and the request of the petitioner being quite genuine, I direct that the case of the respondent awaiting decision before the Judge, Family Court, Bhalwal be transferred to Judge, Family Court, Lahore. There will be no order as to costs.
M.Y.H. /2819/L Case transferred.