The petitioner, Muhammad Akram, has filed a suit against the respondent, Mst. Batool Bibi, for restitution of conjugal rights, before the Judge, Family Court, Nankana Sahib, District Sheikhupura.
On the other hand, the respondent has instituted a suit, against the petitioner, for dissolution of marriage, which is pending before Mr. Tahir Pervaiz, Judge, Family Court, Sargodha. She has also filed a suit for return of dowry which is pending in the Court of Senior Civil Judge, Sargodha. The prayer made by the petitioner in the petition in hand is that the said two suits brought by the respondent may be transferred to the Family Court of Nankana Sahib.
2. The suit for dissolution of marriage and the one for restitution of conjugal rights pending between the parties are likely to involve common questions of law and fact. Therefore, with a view to avoiding conflicting decisions on such questions, it is desirable that the two suits may be heard and decided by one and the same Court. Since the respondent is a female and the petitioner is a male, more weight should be given to her convenience than to that of the petitioner. Therefore, I am not inclined to transfer her suit from Sargodha to Nankana Sahib. Contrary wise, in suo motu exercise of my powers, I transfer the petitioner's suit for restitution of conjugal rights from the Family Court, Nankana Sahib, to the Court of Mr. Tahir Pervaiz, Juage, Family Court, Sargodha, which is seized of the respondent's suit for dissolution of marriage.
3. The petition is disposed of accordingly.