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1989 MLD 448

HASEENA MUMTAZ vs MUSHTAQ AHMAD

Citation1989 MLD 448
CourtLahore High Court
Case No.Transfer Application No. 140-C of 1988
Date1989-02-28
Judge(s)Khizar Hayat
ResultOrder accordingly

This order shall dispose of two transfer applications, namely, No. 140-C--88 and No. 24-C-89 which are connected matters.

2. The parties are husband and wife. Mst. Haseena Mumtaz petitioner through filing TA. No. 140-C- 88 has prayed that a suit for restitution of conjugal rights filed by Mushtaq, her husband, in the Court of Senior Civil Ridge/Judge Family Court, Layyah, may be transferred to Judge Family Court, Multan, where her suit for dissolution of marriage against said Mushtaq is pending. As a counterblast, Mushtaq Ahmad, petitioner through filing TA. No. 24-C-89 has prayed for the transfer of Mst. Haseena Mumtaz's case for dissolution of marriage to the Judge Family Court Layyah, where his suit for restitution of conjugal rights is pending.

3. Ground for transfer urged by the parties is common, i.e., they being poor are unable to bear expenses of litigation at two places. I have seen both the parties. They have similar economic conditions. Therefore, to keep them on even keel, I think it would be appropriate if their cases ale heard at a place which is equidistant from the place of residence of both parties. These cases should also be heard by one Court to avoid conflict of judgments. Muzaffargarh is a place which would be a convenient venue for them. Consequently, the suit for restitution of conjugal rights filed by Mushtaq is withdrawn from the Court of Judge Family Court, Layyah and likewise the suit of dissolution of marriage filed by Mst. Haseena Mumtaz is withdrawn from the Court of Judge Family Court, Multan and both of them are entrusted to Judge Family Court, Muzaffargarh for disposal in accordance with law. The parties shall bear their own costs.

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