SYED MANSOOR ALI SHAH, J. - Through the instant petition the petitioner prays for the transfer of the suit for restitution of conjugal rights titled "Sultan Ali v. Humera Mustafa" pending before Judge Family Court, Sialkot, to Judge Family Court, Rawalpindi where the appeal of the petitioner is pending.
2. Instead of moving transfer application under Section 25-A of the Muslim Family Courts Act, 1964 the petitioner has moved the writ petition. However, counsel for the petitioner has no objection if this petition is converted into a transfer application. This petition is, therefore, converted into transfer application.
3. On the last date of hearing notice was issued to respondent No. 2. Inspite of service the said respondent has not tendered appearance who is, therefore, proceeded ex parte.
4. The appeal of the petitioner arising out of a suit for dissolution of marriage, recovery of maintenance allowance, dower and dowry articles is pending adjudication before the District Judge, Rawalpindi and prays that the suit for restitution of conjugal rights against her, pending before the learned Judge Family Court, Sialkot, be transferred to Rawalpindi.
5. Petitioner resides in Rawalpindi, It is, therefore, directed that the suit titled "Sultan Ali v. Humera Mustafa" pending before Judge Family Court, Sialkot, be transferred to the Judge Family Court, Rawalpindi. Disposed of.