This is a petition under section 25-A of the W.P. Family Courts Act, 1964 seeking transfer of the suit for restitution of conjugal rights instituted by the respondent against the petitioner titled "Ghulam Qadir v. Mst. Mah Jabeen" and pending in the Court of Sh. Ahmad Farooq, Judge Family Court, Sheikhupura to the Court of Mr. Khalid Rashid,Judge Family Court, Lahore before whom the petitioner's suit for dissolution of marriage against the respondent is pending.
2. The learned counsel for the petitioner contended, firstly, that similar questions of law and fact are involved in both the suits and it will be in the interest of justice that the two suits are tried by one and the same Court; secondly, that the petitioner is a purdahnashin lady and it will be difficult for her to go on every date of hearing to defend herself at Sheikhupura; thirdly, that the respondent is an influential person and it is hazardous for the petitioner to go to Sheikhupura to defend herself there as the petitioner belongs to that District; and lastly, that the petitioner had earlier instituted a suit for maintenance before the Union Council concerned on 20-3-1981 and it was in retaliation to those proceedings that the respondent initiated the suit for restitution of conjugal rights at Sheikhupura.
3. The learned counsel for the respondent, on the contrary, submitted that the suit of the respondent for restitution of conjugal rights is earlier in time having been instituted on 13-1-1981 whereas the suit of the petitioner for dissolution of marriage has been filed later on 9-7-1981.
As regards the petitioner being a purdahnashin lady the learned counsel submitted that if she can appear in a . Court at Lahore she can appear in the Court at Sheikhupura as well. On the context of the above position the learned counsel for the respondent urged that there is no.Ground on which the suit of the respondent should be transferred.
4. Having given consideration to the controversy involved I find that there is force in the contentions raised on behalf of the petitioner.
5. It is by now well settled that suits for restitution of conjugal rights and dissolution of marriage between the same parties should be tried by one and the same Court to avoid conflict of judgment. It has also been held by judicial precedent that the preponderance of convenience is in the trial of suits at the place where the were has instituted the suit and that the filing of an earlier suit for restitution of conjugal rights by the husband shall not be an impediment in the transfer of his suit s as to be tried at the place where the were has subsequently filed the suit. Refer Mukhtar Sultana v. Tasadaq (Tasadaq Hussain) (PLD 1979 Lah. 34 (1)).
6: In view of the foregoing discussion, accepting this petition, I direct that the suit for restitution of conjugal rights titled "S. Ghularn Qadir v. Mst. Mah Jabeen" instituted by the respondent against the petitioner and pending in the Court of Sh. Ahmad Farooq Judge, Family Court, Sheikhupura be withdrawn and entrusted to the Court of Mr. Khalid Rashid, Judge Family Court, Lahore before whom the petitioner's suit for dissolution of marriage against the respondent is pending, for adjudication in accordance with law.
There shall be no order as to costs.
The learned transferee Court shall consider the desirability of con--solidation/trial together of both the suits to avoid inconvenience to the respondent.
The parties shall appear before the learned transferee Court on 7-6-1982. After 7-6-1982 it shall fix the same dates of hearing in both the cases.
The learned Court from which the case has been transferred shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above.
M.Y.M.