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K.L.R. 2009 Civil Cases 207

Mst. Sugra Bibi vs Muhammad Akbar Ali

CitationK.L.R. 2009 Civil Cases 207
CourtLahore High Court
Case No.I.T.A. No. 190-C of 2008
Date2008-06-30
Judge(s)Sayed Zahid Hussain
ResultCase transferred.

ORDER

1. SAYED ZAHID HUSSAIN, CJ. ~ Despite personal service, the respondent has remained unrepresented.

2. Seeks transfer of suit titled "Muhammad Akbar Ali V. Mst. Sugra Bibi filed by the respondent for restitution of conjugal rights which is being tried by the Family Court at Pattoki, District Kasur.

3. The learned counsel contends that the petitioner's suit for maintenance (for herself and children), for recovery of dowry articles and for dissolution of marriage is already being tried by the Family Court, Jahanian, District Khanewal whereas the suit for restitution of conjugal rights was filed by the respondent later on, before Family Court, Pattoki District Kasur. It is stated by the learned counsel that the petitioner is not only resident of Jahanian but the marriage also had taken place at that place. All such assertions have remained unrefuted. Taking these aspects into consideration, the transfer of suit (filed by the respondent) from Family Court, Pattoki to Family Court, Jahanian where the Family Court is already seized of the suit of the petitioner, will serve the ends of justice. Let, therefore, the suit titled "Muhammad Akbar Ali v. Mst. Sugra Bibi" for restitution of conjugal rights be transmitted by the Judge Family Court, Pattoki to the Court of Mr. Munsaf Khan Awan, Judge Family Court, Jahanian. Both the suits will be tried together by the transferee Court who will proceed expeditiously and decide the matter in accordance with law after notice to the respondent.

4. The petition is disposed of accordingly.

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