' The petitioner and her husband are engaged in litigation at Lahore as well as Gujranwala. Their marriage appears to have been thrown on the rocks. There was an earlier round of litigation between the parties in which the petitioner had filed a suit for maintenance at Lahore and the respondent had filed a suit for restitution of conjugal rights at Gujranwala. The application by the respondent regarding custody of children was also pending at Gujranwala. The two cases at Gujranwala were ordered to be heard at Lahore by the order of the High Court dated 31st January, 1981. Out of the three cases then at Lahore the suit for maintenance was withdrawn by the petitioner and the suit for restitution of conjugal right was decreed against the petitioner on her statement, but the matter of custody of children is still pending at Lahore. The present suit has been instituted at Gujranwala by the respondent seeking recovery of Rs, 24,000.00 as damages relating to certain articles said to have been removed by the petitioner. It has been prayed on her behalf that the suit for damages now pending at Gujranwala may also be transferred at Lahore as it is unsafe for her to visit Gujranwala.
2. In the background of the litigation between the parties and the fact that two earlier cases were transferred to Lahore on 31st January, 1981 there is justification for transfer of the present case to Lahore. The learned counsel for the respondent, however, has argued that the decision of transfer in the two earlier cases should have no bearing on the case because the earlier cases were before a Family Court while the present case is before a Civil Judge. I am afraid, this is of no consequence as the circumstance of the petitioner vis-a-vis the respondent remain the same.
3. In view of the above discussion the transfer application is allowed. It is directed that the case "Muhammad Younus v. Ruqiyya Sultana" pending before Ch. Nabi Ahamed, Civil Judge, Gujranwala be transferred to Lahore and entrusted to a Court of competent jurisdiction at Lahore.
Case transferred.