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1985 MLD 253

Mst. ZAKIA NAZAR vs TALLAT MA HMOOD

Citation1985 MLD 253
CourtLahore High Court
Case No.Civil Miscellaneous Petition No, 297/C of 1984
Date1984-11-23
Judge(s)C.A. Rahman
ResultPetition allowed

' The petitioner has instituted a suit for jactitation of marriage in the Family Court at Gujranwala against the respondent, who has brought a suit for restitution of conjugal rights against her in the Family Court at Lahore. She has moved this Court under section 25-A of the Family Courts Act, 1964 for the transfer of the last mentioned suit to the Family Court at Gujranwala on the usual ground that being a Pardah nasheen lady she would be put to inconvenience if she were required to travel to Lahore to defend the suit and further that she also apprehends danger to her personal safety at Lahore in view of the threats given to her by the respondent.

2. Notice was issued to the respondent but when the case came up for hearing today neither he nor his counsel appeared in Court with the result that he has been proceeded against ex parte.

3. After hearing the learned counsel for the petitioner it has been found that a case for transfer of the suit for restitution of conjugal rights instituted by the respondent to the Family Court at Gujranwala A is made out. Apart from the grounds stated by the petitioner in her petitioner is necessary and in the interest of justice that the two suits which have arisen out of the matrimonial disputes are tried by one court so as to avoid conflicting decisions on common questions of law and facts involved in the two suits. The petition is accordingly allowed and the suit for restitution of conjugal rights filed by the respondent and pending in the Court of Syed Iftikhar Hussain Shah, Judge Family Court, Lahore is transferred to the Court of Ch. Riaz Ahmad, Judge Family Court, Gujranwala, before whom her suit for jactitation of marriage is pending. Under the circumstances no order is made as to costs.

Cited by 2 cases

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