' Through this application Mst. Bilquees prays that a suit for restitution of conjugal rights brought against her by the respondent, under hearing in the Court of Mr. Muhammad Jahangir Khan, Judge family Court, Bhakkar, may be transferred to the Court of Mr. Khalid Rashid, Judge Family Court Kabirwala already seized of her suit for dissolution of marriage.
2. The learned counsel for the parties have been heard and the available record perused.
3. In support of this transfer application, the learned counsel for the applicant argues that the relations of the parties are exceedingly strained and the mother of the applicant had to file a habeas corpus petition before the Multan Bench of this Court to procure the latter's release from the illegal custody of the respondent. That to avoid further unpleasantness, arising from her residence at Bhakkar, she started putting up with her mother at Kabirwala and that now that place is her ordinary place of residence. It is, thus, submitted that the suit for dissolution of marriage was competently filed in the Family Court Kabirwala.
4. The transfer application is opposed on behalf of the respondent, on the plea that the applicant owns immovable property at Bhakkar and dishonestly shifted to Kabirwala to file the suit in question to harass the respondent. His learned counsel has also drawn my attention to some documents showing that the applicant owns some property at Bhakkar and also got her National Identity Card prepared at the said address.
5. The learned counsel for both the parties, however, agree that to avoid the possibility of conflicting decisions, it is necessary that both the suits should be heard by the same Court. It is also not disputed that the Family Court Kabirwala has the jurisdiction. In the matter of transfer of cases from one Court to another the convenience A of the parties is a relevant factor. In this behalf, the applicant being a female, the balance lies in her favour. Even otherwise her suit is prior in time. I feel that it will be in the interest of justice if both the suits are heard by the learned Family Court Kabirwala. Accordingly, this application is allowed and the suit for restitution of conjugal rights withdrawn from the Court of Mr. Muhammad Jahangir Khan, Judge Family Court Bhakkar and assigned to the learned Family Court Kabirwala in which the suit for dissolution of marriage is pending. Both the suits shall be enlisted for hearing on the same date and disposed of expeditiously. The parties are left to bear their own costs.