ORDERMUNIR A. SHEIKH, J- Through this application the petitioner prays for transfer of a case titled "Muhammad Altaf Vs. Mst.Shamim Akhtar" for restitution of conjugal rights filed by the respondent against the petitioner at present pending in the Court of MrAbid Hussain Qureshi, Civil Judge/Judge Family Court, Kharian, District Gujrat to the Court, of Mr. Arshad Mahmood Cheema, Civil Judge/ Judge Family Court, Sargodha, where the suit filed by the petitioner against the respondent for jactitation of marriage is pending disposal.
2. According to the case of the petitioner as made out in the application was legally weded wife of one Muhammad Anwar s/o Muhammad Yaqoob of Sargodha and the respondent who was a neighbourer of the petitioner, with the help of his other companions forcibly abducted the petitioner on 28.2.1988 and took her to Dinga Tehsil Kharian District Gujrat which was his place of residence. A case under Sections 10 and 16 .Of the Offence of Zina (Enforcement of Hadood)
Ordinance, 1979 was registered against him through FIR No.114 dated 11.3.1988 at Police Station Saddar Sargodha, at the instance of the petitioner's father. It is in connection with this case that the respondent was arrested and is still in police custody. Respondent who has appeared in person in police custody admitted the registration of this case. Nikahnama dated 30.11.1987 has been appended with this application from which it is prima facie apparent that the petitioner was married to one Muhammad Anwar of Sargodha. The respondent claims to have married the petitioner which question shall be determined by the trial Court, therefore, I need not dialate on this question any further. Suffice it to say that a suit for jactitation of marriage though filed later in time is pending before the Judge Family Couii Sargodha where the respondent is defending the same.
The respondent has not made any application for transfer of the said suit from Sargodha to Kharian. The politioncr as stated in this application is a parda nasheen lady. This application is supported by an affidavit. There is no counter affidavit. It was also admitted by the respondent that the suit filed by him for restitution of conjugal rights the transfer of which has been sought was filed after registration of the afore-mentioned case against him. Apart from all what has been said above it is also proper in order to avoid conflict of judgments on the same point by two Courts that both the suits may be tried and disposed of together by the same Court. Since the respondent is appearing before the Judge Family Court at Sargodha to defend the suit filed by the petitioner against him, therefore, if his own suit is also transferred to Sargodha he shall not have to undergo any further inconvenience as against the petitioner who being parda nasheen lady shall have to face inconvenience to travel from Sargodha to Kharian.
3. For the foregoing reason this application is accepted, the suit filed by the respondent against the petitioner for restitution of conjugal rights titled "Muhammad Altaf Vs. Mst. Shamim Akhtar" at present pending in the Court of Mr. Abid Hussain Qureshi, Civil Judge/Judge Family Court, Kharian is hereby withdrawn from his Court and transferred to the Court of MrArshad Mahmood Cheema, Civil Judge/Judge Family Court, Sargodha for trial alongwith the suit of the petitioner for jactitation of marriage.