This application, under section 25-A of the Punjab Family Courts Act, 1964, has been filed by Mst.
Kausar Parvin for transfer of a suit for restitution of conjugal rights filed by the respondent Muhammad Yaqoob, now pending before Ch. Ghulam Rasool, Judge Family Court, Gujranwala.
2. Parties were married quite some time before but have developed strained relations. They are now arrayed against each other in litigation. She has brought a suit against the respondent for recovery of maintenance and the same is pending in the Court of Mr. Allah Bakhsh Ranjha, Family Judge, Lahore and is fixed before him for 4-12-1988.
3. Respondent is present in person and wants adjournment for contesting the pica of transfer.
There is no reason to grant adjournment because proceedings in his suit were stayed on 17-9-1988 and he has so far not taken the necessary steps. He does not seem serious for opposing the plea for transfer.
4. Applicant has prayed for the suit of the respondent being transferred from Gujranwala to Lahore on the ground that it will not he convenient for her to attend to the litigation at two different stations. She has also expressed the apprehension of suffering physical harm in having to go there to defend the suit. Since common questions of law and fact are likely to arise in the respective suits of the parties, therefore, for avoiding the possibility of conflict in their decisions, they deserve to be tried in one Court. Convenience of a lady-litigant being the only determining factor in such cases, it is obvious that the suits of the parties should be determined by the Court at Lahore. Suit of the respondent is, therefore, withdrawn from the Court concerned and is entrusted to Mr. Allah Bakhsh Ranjha, Judge Family Court, Lahore with whom her suit is already pending, so that the same may also be tried by him, if not consolidated with her suit, at least oil tile same date and both the suits are decided simultaneously.
5. Learned Family Judge at Gujranwala will forthwith remit the rile of the relevant suit directly to learned transferee Judge at Lahore who will fix both the suits for a date convenient to himself and proceed to try them, as directed above. Parties have been directed to appear on 4-12-1988 in the Court at Lahore.
6. This application is accordingly allowed. No order as to costs.