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1985 CLC 2693

Mst. NUSRAT BIBI vs ABDUL GHAFAR

Citation1985 CLC 2693
CourtLahore High Court
Case No.Transfer Application No. 55-C of 1983,
Date1983-02-27
Judge(s)Abaid Ullah Khan
ResultPetition allowed

ORDER

1. ' The learned counsel for the respondent contends that Mst. Nusrat Bibi, petitioner, is not ordinary resident of Lahore and that she actually belongs to Chak No. 46/EB, Tehsil Pakpattan, District Sahiwal, where her marriage with the respondent was solemnized. He seriously objects to the territorial jurisdiction of Family Court at Lahore to entertain her cause. The learned counsel for the petitioner, on the other hand, states that she lives with her maternal-uncle at Lahore and that the Family Court at Lahore has jurisdiction to try and decide her suit. The question whether or not she is resident of Lahore is one of fact and will have to be decided by the trial Court. If the trial Court at Lahore comes to the conclusion that it has no jurisdiction it will return the plaint to the petitioner and in that event the suit for restitution of conjugal rights brought by the respondent against her will stand transferred back to the Court of Mr. Ghulam Rasul Ranjha, Judge, Family Court, Okara, from where it is withdrawn and transferred to the Court of Mr. Iftikhar Hussain Shah, Judge, Family Court, Lahore. The parties have been directed to appear before the Court of Mr. Iftikhar Hussain Shah, Judge, Family Court, Lahore, on the 14th March, 1983.

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