' This petition under section 25-A of the West Pakistan Family Courts Act, 1964 seeks transfer of the proceedings pursuant to the application of the petitioner for setting aside ex parte decree dated 31-1-1981 passed in a suit for restitution of conjugal rights titled Muhammad Amin v. Mst. Zubaicla Begum by the Court of Mr. Mumtaz Munawar Khan, Judge, Family Court, Pakpattan, District Sahiwal from that Court to the Court of Mr. Muhammad Jahandad, Judge, Family Court, Lahore before whom the petitioner's suit for dissolution of marriage against the respondent is pending.
2. The facts necessary for the purposes of this petition briefly stated are that the petitioner instituted a suit against the respondent for dissolution of marriage before Judge, Family Court, Lahore on 20-9-1981, whilst the respondent instituted a suit for restitution of conjugal rights before Judge, Family Court, Pakpattan on 28-10-1981. It is also asserted that the marriage of the parties was performed at Lahore.
3. The respondent without disclosing the pendency of the suit for dissolution of marriage against him at Lahore obtained an ex parte decree in the restitution of conjugal rights suit from the Judge, Family Court, Pakpattan, whereupon the petitioner was obliged to file an application for setting aside the said decree. This application was filed on 17-2-1982.
4. The learned counsel for the petitioner contended- Firstly, that the petitioner had filed the suit for dissolution of marriage earlier in time and the respondent without disclosing that a suit for dissolution has earlier been filed at Lahore instituted the suit for restitution of conjugal rights before the Judge, Family Court, Pakpattan.
' Secondly, that the respondent is not even residing at Pakpattan and only instituted the suit there to keep the proceedings in secrecy.
' Thirdly, that the respondent is not residing in the Tehsil of Pakpattan is apparent from the fact that the notice sent to him at the address given in the heading of his suit was received back with the report that he was not residing in the Chak. He urged further that the service on the respondent was effected in a Chak of Faisalabad, which also indicates that the respondent is in fact not residing in Pakpattan and the filing of proceedings by him there was mala fide and only intended to harass the petitioner.
' Fourthly, that the petitioner is a Pardahnashin lady and it will be difficult for her to go to Pakpattan to contest the proceedings instituted against her there.
' Lastly, that common questions of law and facts are involved in the two suits and it will be appropriate that the proceedings in both are taken by on and the same Court.
5. The respondent is present in person. He has not been able to give any reason as to why proceedings pending before the Judge, Family Court, Pakpattan be not transferred from there.
6. 1 find force in the submissions made on behalf of the petitioner especially when no reason whatsoever has been advanced for not giving effect to them.
7. In view of the foregoing discussion, accepting the petition I direct that the proceedings consequent upon the application filed by the petitioner for getting the ex parte decree set aside in the suit titled Muhammad Amin v. Mst. Zubaida Begum pending before Judge, Family Court, Pakpattan alongwith complete record of the aforementioned suit be transferred to the Court of Mr. Muhammad Jahandad, Judge, Family Court, Lahore before whom the petitioner's suit against the respondent for dissolution of marriage is already pending, for adjudication in accordance with law.
There will however, be no order as to costs.
8. The parties shall appear before the transferee Court on 2-12-1982. The Judge, Family Court, Pakpattan from whose Court proceedings have been transferred shall ensure the remittance of the record to the transferee Court well in advance of the above date.