' This order will dispose of the present Transfer Application No. 487/C of 1984, as well as Transfer Applications Nos. 986/C, 546/C and 547/C of 1984.
2. Briefly stated the facts giving rise to the filing of the afore-mentioned petitions in this Court are that Mst. Razia Bibi petitioner is married to Muhammad Iqbal respondent. On 7-7-1984 the petitioner filed a suit for dissolution of marriage against the respondent in the Family Court at Narowal. Before that the respondent had filed a suit against her for restitution of conjugal rights in the Family Court at Lahore. The petitioner has moved this Court under section 25-A of the Family Courts Act for the transfer of the respondent's suit to Family Court at Narowal, where her suit for dissolution of marriage is pending. The respondent on the other hand has also approached this Court by filing Transfer Application No. 547/C of 1984 praying that the petitioner's suit for dissolution of marriage pending in the Family Court at Narowal may be transferred to the Family Court at Lahore, where his suit for restitution of conjugal rights is pending.
3. The petitioner has submitted Transfer Application No. 486/C of 1984 under section 24, C.P.C. for the transfer of a civil suit instituted by the respondent against her and her brother Muhammad Sabir for the recovery of Rs.15,000 in the Civil Court at Lahore to Civil Court at Narowal as she apprehends danger to her personal safety if she is required to go to Lahore to defend the above suit, which according to her is an offshoot of the suit for the dissolution of marriage instituted by her against the respondent at Narowal. The petitioner has also instituted a civil suit for recovery of dowery against the respondent in the Civil Court at Narowal which, according to the respondent, is a counterblast to his suit for the recovery of Rs.15,000 instituted by him at Lahore. The respondent has filed Transfer Application No. 546/C of 1984 for the transfer of the petitioner's suit for recovery of dowery to the Civil Court at Lahore.
4. As the litigation referred to in the aforementioned transfer petitions has arisen out of matrimonial disputes between the petitioner and her husband Muhammad lqbal respondent, the parties are agreed that the suits instituted by them may be tried by one Court but they are unable to agree as to the venue of the trial of the suits. According to the petitioner, Civil Judge, Narowal, who also exercises the powers of Judge Family Court may be entrusted with the suits instituted by the respondent at Lahore so that he may try all the four suits. The respondent, on the other hand, is of the view that the petitioner's suits pending at Narowal may be transferred to Lahore and the same should be tried by the Civil Judge at Lahore alongwith his suits. Learned counsel for the respondent has offered that all the four suits may be entrusted to the Judge Family Court, Ferozewala, District Sheikhupura, as it would be more convenient to the parties to pursue their eases there especially due to the fact that the petitioner's parents are permanently residing within the territorial limits of the Family Court, Ferozewala. Learned counsel for the respondent has further submitted that the Family Court at Narowal has no jurisdiction to try the petitioner's suit for dissolution of marriage because she is not ordinarily residing within the territorial limits of the said Court for the purposes of rule 6 of the Family Courts Rules, 1965. The respondent has raised the plea of want of jurisdiction in the written statement filed in the. Suit for dissolution of marriage and the Court has already recorded petitioner's evidence in the case on the issues including the issue of jurisdiction.
According to the learned counsel the transfer of the respondent's suit from Lahore to Narowal would not be proper at this stage because in case the respondent's plea of want of jurisdiction is upheld by the Family Court at Narowal, the result would be that the plaint in the suit for dissolution of marriage would be returned to the petitioner for presentation to the proper Court and thereafter no justification would be left for the trial of the respondent's suits at Narowal.
5. After hearing the arguments of the parties' counsel I have come to the conclusion that it would not be proper at this stage to order the transfer of the respondent's suits to Narowal as requested by the petitioner because in case the Family Court seized of the petitioner's suit for dissolution of marriage finds that it has no jurisdiction to try the suit the petitioner will have to file her suit for dissolution of marriage in the Court having jurisdiction to try it. In other words the place of trial of the petitioner's suit for dissolution of marriage has not been finally determined as yet and consequently it may not be appropriate to pass any order for the transfer of the respondent's suit pending at Lahore. The proceedings in the suit for dissolution of marriage pending in the Court at Narowal are in the advanced stage as stated by the learned counsel for the respondent. The question of territorial jurisdiction of the Court is also under consideration of the Court. In order to resolve the controversy, which has arisen as to the venue of the trial of the suits instituted by the parties against each other, it is necessary that the issue regarding jurisdiction of the Court to try the petitioner's suit is settled first. Pending the determination of that issue the proceedings in the remaining three suits filed by the parties against each other shall remain stayed. After the determination of the question of jurisdiction the parties may again approach this Court for the transfer of the pending suits in the light of the decision on the question of jurisdiction.
6. The Presiding Officer of the Family Court at Narowal in which the petitioner's suit for dissolution of marriage is pending is directed to take up the issue regarding territorial jurisdiction of the Court as a preliminary issue and decide it as such without giving any finding on the other issues, within a period of two months. With these observations the present petition as well as the three connected, transfer petitions referred to above stand disposed of.