JUDGMENTSH. RIAZ AHMAD, J.-This order shall dispose of both the petitions; (1) Crl.M.1183-M/88 aded by Malik Shahid Mehmood praying for the stay of the proceeding in a case registered against him by his father-in- law and (2) TA 453-C/88 filed by Mst.Samina Yasmeen praying for transfer of the case bearing title "Malik Shahid Mehmood Vs. Samina Yasmeen" pending in the Court of Judge Family Court at Lahore to the Court of Senior Civil Judge/Judge Family Court, Gujrat.
2. The dispute in this case is between husband and wife. It is stated that after the marriage and after having given bith of a daughter, Mst.Samina Yasmeen filed a suit for jactitation of marriage in a Family Court at Gujrat. Malik Shahid Mehmood, the husband of Mst.Samina Yasmeen, filed the suit for restitution of conjugal rights in a Family Court at Lahore.
3. In the meanwhile, the father of Mst. Samina Yasmeen, got a case registered against Malik Shahid Mehmood, his son-in-law under the provision of section 11, of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979. The criminal case is pending adjudication in the court of Addl: Session Judge, Gujrat. Crl.M.1183-M/88 has been moved by Malik Shahid Mehmood, husband of Mst.Samina Yasmeen, praying that the criminal proceedings be stayed till the decision of the suits for restitution of conjugal rights and jactitation of marriage. In support of his plea, the learned counsel for the petitioner Mr.Khan Muhammad Bajwa, Advocate, has placed reliance upon Muhammad Azam V. Muhammad Iqbal and another (PLD 1984 SC 95).
4. I have heard both the parties at lenth and it will not be appropriate for me to comment upon the fate of the criminal case. However, I would direct that the proceedings in criminal case shall be completed but no final order shall be announced till the decision of the suits for restitution of conjugal rights and the jactitation of marriage.
5. Adverting to the TA 453-C/88 seeking transfer of the case filed by Malik Shahid Mehmood for restitution of conjugal rights at Lahore, I am inclined to transfer the aforesaid case to the court of the Family Judge at Gujrat where the suit for jactitation of marriage is pending because under the Family Court, Act, it is the-residence of the woman which determines the jurisdiction. Accordingly, I direct that the suit for restitution of conjugal rights instituted by Malik Shahid Mehmood, before the Judge Family Court at Lahore shall be transferred to the Court of Senior Civil Judge/Judge Family Court at Gujrat.
6. The learned Judge Family Court at Gujrat is directed to proceed with the trial of this case expeditiously so that the same is completed by 15th of April, 1989. A progress report about the conclusion of the trial shall be submitted to this Court. The criminal case shall be decided after the decision in the suits of restitution of conjugal rights and jactitation of marriage.