Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SARFRAZ HUSSAIN VS Respondent: SARDAR BIBI
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Sh. Riaz Ahmad Title: SARFRAZ HUSSAIN vs SARDAR BIBI Case No.: Civil Petition No. 1248-L of 1994 T.A. No.429-C of 1994 Date of Judgment:1995-11-15 Reported As: 1997 SCMR 917 Result: Leave granted
Judgment ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby his application under section 24, C.P.C., for transfer of the case filed by the respondent at Lahore to Chakwal was dismissed. 2. As dispute between the petitioner and respondent arose, the former filed suit for restitution of conjugal right while the respondent filed suit for maintenance and suit for dissolution of marriage at Multan. Both the parties filed transfer application but with their consent all the three suits were transferred to the Court of Senior Civil Judge/Judge, Family Court, Lahore. Those suits were disposed of in 1991. The respondent filed suit for recovery of dower at Lahore alleging that the petitioner is residing there. The petitioner also filed suit for recovery of jewellary and clothes at Chakwal. He applied for transfer of respondent's suit to a competent Court at Chakwal as both the parties permanently reside at Chakwal, no part of cause of action had arisen at Lahore and that 'it will be convenient to the parties and their witnesses. The application was dismissed on the ground that earlier in their matrimonial disputes the parties had agreed for trial of their suits at Lahore. 3. The learned counsel contended that petitioner's consent in previous suits which have been disposed of cannot be a ground for rejecting application for transfer of suits filed subsequently. Leave is granted. The proceedings in both the suits are stayed.