' This application under section 25-A of the. W. P. Family Courts Act, 1964 seeks the transfer of the suit for restitution of conjugal rights titled "Sh. Abdur Rashid v. Mst. Kausar Bibi" pending in the Court of the Judge Family Court, Chunian, District Kasur to the Court of the Judge Family Court, Gujranwala.
2. The facts necessary for the purposes of this application, briefly stated, are that on petitioner No, 1 and the respondents falling out she started living with her father at Gujranwala since 1979. It has been alleged that the respondent did not maintain petitioners Nos. 2 to 4, the minor children out of the wedlock whereupon the petitioner instituted the suit for maintenance before the Judge Family Court, Gujranwala on 23-2-1981.
The respondent, it is asserted, as a counterblast, filed the suit for restitution of conjugal rights before the Judge Family Court, Chunian, District Kasur, on 19-9-1981. It is this suit for restitution of conjugal rights which is sought to be transferred through this application.
3. The learned counsel for the petitioner contends- first-that the petitioner is a purdahnashin lady and has not been maintained by the respondent since March, 1979 when she was forced to live with her father and that she is looking after there children as well without a penny having been afforded by , the respondent for their maintenance even. It is urged that she is not in a position to travel all the way from Gujranwala to Chunian', to defend herself there in the suit for restitution of conjugal rights filed by the respondent; secondly-that the suit of the respondent is only a counterblast to the suit of the petitioner and is intended only to harass her so as to yield A to the demand of the respondent not to press the suit for maintenance ; thirdly-that common questions of law and fact are likely to arise in the two suits viz. The suits for maintenance and restitution of conjugal rights; and it would, therefore, be in the interest of justice that the two suits are tried by one and the same Court ;.And lastly-that the petitioner apprehends bodily harm at the bands of the respondent if she is made to travel all the way from Gujranwala to Chunian to defend herself there.
4. On the contrary, the respondent who has appeared in person made the following submissions
(1) That he is resident of Pattoki, District Kasur and as such the suit should be allowed to proceed where it has been filed :
(ii) that the respondent has tried his level best to have conciliation with the petitioner but it has failed on account of the rough attitude of the petitioner and her father ;
(iii) that the respondent has been extended threats that he would be maltreated when he comes to Gujranwala.
5. Having given consideration to the controversy involved I am of the view that the contentions raised on behalf of the petitioner have force. It is well-settled that suits under the W: P. Family.
Courts Act between the same parties should better be tried by one and the same Court and the law also: leans_ in favour of adjudication of such disputes at the place where the woman resides.
The submissions made by the respondent, on the other hand, in no manner negative the case of the petitioner for seeking transfer of the suit for restitution of conjugal rights.
' As regards the alleged threats extended to the respondent by the father of the petitioner, it may be observed that the respondent admitted before me that he did not report this matter to the Police. Be that as it may, if there be any actual incident of mal-treatment of the respondent at the hands of the petitioner's relatives he can seek the protection of the Police at Gujranwala directly or through the intervention of the Court which is seized of the matter.
6. In view of the foregoing, discussion, accepting this application I direct that the suit for restitution of conjugal rights titled Sh. Abdur Rashid v. Mst. Kausar Bibi pending in the Court of the Judge Family Court, Chunian, District Kasur be withdrawn from there and entrusted to the Court of Mr. Khalid Farooq Judge Family Court, Gujranwala for adjudication in accordance with law. The parties shall appear before the learned transferee Court on 22-3-1983.
' There will, however, be no order as to costs.
' The learned Court from which the suit for restitution of conjugal rights has been withdrawn shall ensure that the record of the case reaches the learned transferee Court well in advance of the date fixed above.