Through this Transfer Application under Section 25-A of the West Pakistan Family Courts Act, 1964 ("Act") the petitioner is seeking transfer of suit titled "Haji Ahmad v. Mst. Fouzia Bibi", suit for restitution of conjugal rights pending in the Court of Mr. Ahsan Safdar learned Judge Family Court Kabirwala to be transferred to Multan, where the suit filed by the petitioner for dissolution of marriage is pending in the Court of Mrs. Komal Tabassum, learned Judge Family Court, Multan titled as "Mst Fouzia Bibi v. Haji Ahmad".
2. The facts in brief are that the petitioner filed a suit for dissolution of marriage against the respondent before the learned Judge Family Court, Multan. The respondent on the other hand filed a suit for restitution of conjugal rights before the learned judge Family Court, Kabirwala.
3. Learned counsel for the petitioner submits that both the family suits should be tried and decided at Multan because the petitioner is residing at Multan. The petitioner being a woman is going to face hardships if the petitioner travels to Kabirwala covering distance of 100 Kilometer to pursue the suit. The respondent is already-extending threats for withdrawal of family suit and the petition is not in a position to travel to Kabirwala were her life could be in danger.
4. The service of the respondent has been effected on male member of his family. No one has entered appearance on behalf of the respondent in spite of his service. The respondent is proceeded against ex-parte.
4. I have heard learned counsel for the petitioner and perused the record.
5. The law is settled that it is the convenience of a female which is to be considered in determining jurisdiction of the Family Court. This Court could pass appropriate orders in this behalf under Section 25-A of the "Act" to transfer any suit or proceedings under the "Act" from one Family Court to another Family Court in the same District or from a Family Court of one District to a Family Court of another District. The suits arising under the "Act" between the same parties should be tried by one and the same Court at a place where wife has instituted the suit or where she resides, in order to avoid conflicting judgments. The petitioner, being a female already apprehends some foul play at the hands of the respondent in case she defends the case filed against her at Kabirwalal. In the circumstances petitioner deserves to be accommodated.
6. As a result of the above discussion, the application of the petitioner is accepted. The suit titled "Haji Ahmad v. Mst. Fouzia Bibi" suit for restitution of conjugal rights is ordered to be withdrawn from the Court of Mr. Ahsan Safdar, learned Judge Family Court Kabirwala and entrusted to the Court of Mrs. Komal Tabassum, learned Judge Family Court, Multan where suit titled as "Mst Fouzia Bibi v.
Haji Ahmad" is already pending. The learned Judge Family Court Kabirwala is directed to immediately send the file of the case to the learned transferee Court through proper channel. Both the suits shall be tried together by the same Judge at Multan and decided in accordance with law.
The transfer application is decided accordingly with no order as to costs.