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Petitioner: KHADIJA BIBI VS Respondent: ZULFIQAR AHMAD
Court Name: Lahore High Court Judge(s): Muhammad Afzal Lone Title: KHADIJA BIBI vs ZULFIQAR AHMAD Case No.: Transfer Application No, 316-C of 1977 Date of Judgment:1980-12-14 Reported As: 1981 CLC 1212 Result: Case transferred.
Judgment ORDER ' The petitioner has filed a suit for dissolution of marriage against the respondent which is under hearing in the Court of Rai Muhammad Zafar Bhatti, Judge Family Court, Sheikhupura. The respondent has also instituted a suit against the petitioner for restitution of conjugal rights which is sub iudice before Mr. Iftikhar Hussain, Judge Family Court, Gujranwala. The latter suit is sought to be transferred in the Court already seized of the suit for dissolution of marriage. 2. Notice was sent to the respondent through his counsel in the District Court Gujranwala, namely Faryad Hussain Advocate. As per report of the process-server he refused to accept the service. It was, however, served on the respondent's father. Refusal by the respondent's learned counsel would amount to service. Reference in this connection may be made to Gopal Singh v. Pira Mal (1). Service on the respondent's father would also be valid service. No one has entered appearance on his behalf. Ex parte proceedings, therefore, have been conducted against him. 3. I have heard the learned counsel for the petitioner. The suit filed by her is prior in time. Furthermore, if these suits are heard by two different Courts there would be likelihood of awarding contradictory judgments. I feel the interest of justice demands that the suit for the restitution of conjugal rights be transferred to the learned Family Court, Sheikhupura, already hearing the suit. 1 . 4. As the respondent has not entered appearance, there shall be no order as to costs. Case transferred. {{FOOT NOTE}} (1) AIR 1927 Lab. 428 {{FOOT NOTE}}