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2010 YLR 2568

KASHIF MERAJ vs JUDGE FAMILY COURT and another

Citation2010 YLR 2568
CourtLahore High Court
Case No.T.A. No, 185-C of 2010
Date2010-06-03
Judge(s)Khawaja Muhammad Sharif
ResultApplication dismissed

ORDER

' KHAWAJA MUHAMMAD SHARIF, C.J.--- In continuation of my order, dated 18-5-2010, learned counsel for the petitioner adds that he has placed on record a certificate of Secretary Union Council concerned; that respondent No,2 is residing with her parents at Lahore; that in order to cause inconvenience to the petitioner she has filed suit for recovery of dowry at Tehsil Ferozewala, District Sheikhupura and according to Muslim Family Law the suit must be heard and decided at Lahore where the respondent is residing.

2. On the other hand, learned counsel for the respondent submits that convenience of the lady is to be seen; that petitioner after giving physical torture to the respondent turned out her from his house, thereafter, she lives in the house of her parents where petitioner gives her threats of dire consequences and in order to earn her livelihood she shifted her residence at Muridkey and filed suit at Tehsil Ferozewala.

3. Learned Additional Advocate-General after getting instructions from S.-I. Present in Court submits that he has gone to the house of respondent No,2 but she was not available and he was informed by the inmates of the house that respondent in order to earn her livelihood is residing at Muridkey.

4. Heard respondent is a woman and there are so many judgments that convenience of ladies should have been seen first and moreover. Tehsil Ferozewala is hardly at a distance of 15 K. Ms. From "Awan-e-Addal", Lahore. Report of S.-I. Present in Court also shows that respondent in order to earn her livelihood lives in Muridkay, District Sheikhpura.

5. In this view of the matter, no case for transfer is made out; therefore, this petition is dismissed and the suit filed by the respondent shall be heard and decided at Tehsil Ferozwala.

Cited by 2 cases

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