' This application under section 25-A, West Pakistan Family Courts Act, 1964 seeks the transfer of suit of the respondent for restitution of conjugal rights titled Abdul Razzaq v. Mst. Razia Sultana pending in the Court of Mr. Badar.Uz-Zaman Chathha, Judge Family Court, Narowal, District Sialkot to the Court of Mr. Muhammad Aslam Bhatti, Judge, Family Court, Lahore where two suits of the petitioner against the respondent, one for dissolution of marriage and the other for maintenance, are pending.
2. The case was earlier fixed on 11-5-1981 after due service on the respondent who did not appear on that date and as such was proceeded against ex parte.
3. The facts as given in the application are that the applicant instituted a suit for dissolution of her marriage with the respondent on 6-12-1980 which is pending in the Court of Mr. Muhammad Aslam Bhatti, Judge, Family Court, Lahore. She also filed another suit for maintenance against the respondent on 10-12-1980 which is also pending in the above-mentioned Court. It has been alleged that the respondents as a counterblast instituted a suit against the petitioner for restitution of conjugal rights subsequent to the institution of the suits by the petitioner and that the suit of the respondent is pending in the Court of Mr. Badar-uz-Zaman Chathha, Judge, Family Court, Narowal.
4. The learned counsel for the petitioner contended: ' Firstly-that the suits of the petitioner being earlier in time than the suit of the respondent, his suit is liable to be transferred to the Court where the petitioner's suits are pending ; ' Secondly-that the suit has been filed by the respondent at Narowal merely to cause harassment to the petitioner who is a purdahnashin lady ; ' Thirdly-that the marriage was performed at Lahore and the parties after the marriage have all along been residing at Lahore where the respondent is also employed and if his suit is transferred to Lahore no inconvenience will be caused to him ; ' Fourthly-that the petitioner is a purdahnashin lady and that it will cause inconvenience to her to go alone to defend the suit against her at Narowal : and; ' Lastly-that the issues involved in the suit of the petitioner for dissolution of marriage and of the respondent for restitution of conjugal rights will be the same and if tried by two different Courts there may not be a conflict of judgment which will be against the interest of justice.
5. Having given consideration to the controversy involved I find force in the submissions made on behalf of the petitioner. The grounds urged are the based on well-settled principles of law.
6. Neither the respondent himself nor anyone else has appeared to contest this application.
7. In view of the foregoing discussion this application is allowed and the case of the respondent for restitution of conjugal rights titled Abdul Razzaq v. Mst. Razia Sultana pending before Mr. Badar-uz- Zaman Chathha, Judge, Family Court, Narowal, District Sialkot is transferred to the Court of Mr. Muhammad Aslam Bhatti Judge, Family Court, Lahore in whose Court the suit of the petitioner for dissolution of marriage titled Mst. Razia Sultana v. Abdul Razzaq is pending. Both the above- mentioned suits shall be heard together.
' There will be no order as to costs as the respondent has not appeared to contest this application.