' This petition under section 25-A of the West Pakistan Family Courts Act, 1964 seeks tranfer of the suit for restitution of conjugal rights titled "Muhammad Yar v. Mst. Nusrat Bevi" from the Court of Mirza Jawad Abid Baig, Judge Family Court, Mandi Baha-ud-Din District Gujrat to the Court of Rana Muhammad Shafi, Judge Family Court, Multan before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner contends that the petitioner has instituted the suit for dissolution of marriage at Multan where she is now living with her brother who is employed as Civil Clerk in the Army and the respondent in order to cause harassment to the petitioner has subsequently instituted the suit for restitution of conjugal rights at Mandi Baha-ud-Din. In this context the learned counsel contends that the suit of the petitioner being earlier in time and there being common questions of law and fact involved in the two suits it will be just and appropriate if the suit of the respondent is transferred to Multan so that both the suits are tried by one and the same Court to avoid conflict of judgments.
3. No one has appeared on behalf of the respondent to contest this petition. He has been proceeded against ex parte. That being so the contentions raised on behalf of the petitioner are going unrebutted.
4. In view of the foregoing position, allowing this petition, I direct that the suit for restitution of conjugal rights titled "Muhammad Yar v. Mst. Nusrat Bevi" be withdrawn from the Court of Mirza Jawad Abid Baig, Judge Family Court, Mandi Baha-ud-Din, District Gujrat and entrusted to the Court of Rana Muhammad Shafi, Judge Family Court, Multan for adjudication in accordance with law.
5. Since the respondent has not appeared to contest this petition, there will be no order as to costs.
6. The parties shall appear before the transferee Court in the suit for restitution of conjugal rights on 20th of December, 1986.
7. The Court at Mandi Baha-ud-Din from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above.
8. It is further directed that the transferee Court shall give the same dates of hearing after 20th of December, 1986 in both the suits so that no extra inconvenience is caused to the respondent. Suit transferred.