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1982 CLC 2417

Mst. SHAMIM AKHTAR vs MUHAMMAD AKRAM

Citation1982 CLC 2417
CourtLahore High Court
Case No.Transfer Application No. 127/C of 1981
Date1981-05-25
Judge(s)Shamim Hussain Qadri
ResultApplication accepted

The petitioner has filed two suits, one for dissolution of marriage and the other for maintenance of her minor son before the Judge, Family Court, Sheikhupura. On the other hand the respondent's two suits one for restitution of conjugal rights is pending before the Judge, Family Court, Kharian and the other for custody of the minor is pending before the Senior Civil Judge, Gujrat. The petitioner has prayed for transfer of the respondent's suits to Sheikhupura.

2. Learned counsel for the petitioner submitted that the petitioner apprehends mischief at the hands of the respondent, if she goes to Kharian or Gujrat in order to defend the suits there. In fact the minor son of the petitioner was earlier abducted by the respondent and was restored through the agency of Police. In order to avoid contradictory judgments, all the suits should be heard by one and the same Court. The balance of convenience lies in favour of the transfer of the respondents suit to Sheikhupura. I, therefore, direct the transfer of the above mentioned two suits of the respondent to the Judge, Family Court, Sheikhupura, who is seized of the suits of the petitioner.

Petition succeeds. No costs.

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